Profit A Prendre

A right to take products or emblements from the lands of another. "Under the term 'profit' is comprehended the produce of the soil, whether it arise above or below the surface, as herbage, wood, turf, coal, minerals, stones; also fish in a pond or stream." 9 S. E. 562. Profits a prendre are distinguished from easements, in that they are rights of profit, while an easement is a right without profit. See "Easement."

The right to take soil, gravel, minerals, and the like from the land of another. An interest in the estate. Black v. Min. Co., 49 Fed. 549; Washb. Easern. 11. This right may be the subject of a separate grant; Engel v. Ayer, 85 Me. 448, 27 Atl. 352. It is an interest in the estate; Pierce v. Keator, 70 N. Y. 419, 26 Am. Rep. 612. Profit d prendre is a peculiar species of easements. It is “the right to take something which is the produce of the land.” It is in its nature an incorporeal right incapable of livery, though it is imposed upon corporeal or tangible property. It may be appurtenant to a dominant tenement, in the nature of an easement, or it may be a right in gross. It may be held apart from the possession of land, and differs therein from an easement, which requires a dominant tenement for its existence. When attached to other land it is in the nature of an easement; when not so attached it cannot properly be said to be an easement, but is an interest or estate in the land itself. Jones, Easements § 49. But it is said that it is not, strictly speaking, an easement; 1 Odgers, Com. L. 25. The right can be acquired only by grant Thus a claim by the Inhabitants of & township upon the land of another to take sand, etc., from the seashore, is without foundation; 15 0. B. N. S. 240; Nudd v. Hobbs, 17 N. H. 524. The privilege of watering cattle at a pond or brook or of taking the water for domestic purposes is an easement and not a profit d prendre; 5 Ad. & El. 758; the right to take seaweed from the shores is a right to a profit in the soil; Hill v. Lord, 48 Me. 100; and so is the right to take coal or any mineral from the land of another; Huff v. Mc Cauley, 53 Pa. 20G, 91 Am. Dec. 203; and so is a right to use lands of another to cut grass, for pasturage, for hunting,* or fishing; Jones, Easements 57; so is the right to take and kill game on land or water; 9 Q. B. D. 315. The right to profit d prendre acquired by grant or prescription as appurtenant to certain lands cannot he used as a right in gross by one not holding any connection with the land; 12 C. B. N. S. 91. Profit d Rend re may be prescribed for in gross in fee; whether a profit d prendre can be is not so clear; Tinicum Fishing Co. v. Carter, 61 Pa. 21, 37, 100 Am. Dec. 597. See Easements; A Prendre.