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Easements and Profits - Coggle Diagram
Easements and Profits
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Easements and profits
• An easement is a right e.g. right of way, light, support or water over someone else’s land which exists to benefit another piece of land i.e. the dominant tenement and the land subject to the easement is the servient tenement. The easement can be positive (do something) or negative (don’t do something) i.e. as regards obligations to fulfil the easement.
• A profit á prendre (á prendre just means to take) on the other hand can exist like an easement, but can also be held in gross i.e. independently of any land owned by the holder of the profit (primary distinction from easements). A profit is therefore a right to go on another person’s land and take natural material from it e.g. fish, hunt or cut timber. Profits are divided into: (i) those which are appurtenant (belonging to) to a dominant tenement i.e. think anything which comes from the ground like mineral or turbary rights (right to cut turf or peat); (ii) those which are appendant to land (attached by operation of law): don’t worry about these as they rarely arise in practice; and (iii) those held in gross e.g. fishing rights.
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