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Topic: Profit a prendre

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	Here Today, Here Tomorrow -- Chapter 20
		Although it is not very commonly used, a profit à prendre has potential in the conservation area because a landowner wanting to protect the old growth timber on his or her property, for example, could grant a profit à prendre to a conservation group with respect to that timber.
		For example, a landowner might specify that the profit à prendre holder can harvest all of the cedar which grows on the land, and that the profit à prendre holder is entitled to build and maintain a road for the purpose of accessing and harvesting the timber.
		A profit appurtenant is a profit between a landowner and an adjacent landowner.
	www.wcel.org /wcelpub/5110/5110c20.html (1702 words)

	[No title]
		The profit à prendre exemption does not include leasehold rights to the real property that are granted in addition to and not included within the right of the profit à prendre.
		Thus, proceeds resulting from the granting of a leasehold interest in addition to the profit à prendre are taxable whereas the proceeds resulting from the granting of leasehold interests included within the profit are not.
		The Arizona Legislature has defined a profit à prendre to include use of the surface of the land as is necessary and convenient for exercise of the profit.
	www.azdor.gov /ResearchStats/rulings/tpr97-5.htm (1505 words)

	No. 98CA1442. Lobato v. Taylor. - May 11, 2000 - Colorado Court of Appeals Opinions
		Profits a prendre include rights to pasture (that is, the right to allow one’s animals to graze on the lands of another), to fish, to hunt, and to remove wood.
		Profits a prendre may be appurtenant to other land, with the land to which the right appertains being the dominant tenement and the land from which the profits are taken being the servient tenement, or they may exist in gross -- i.e.
		A right to profits a prendre must be expressly granted; the burden of an easement may not be increased by investing the holder of such easement with a profit a prendre either by implication or otherwise.
	www.cobar.org /opinions/opinion.cfm?OpinionID=2096 (6659 words)

	Supreme Court of Canada - Decisions - R. v. Tener
		Respondents had a profit à prendre in the land‑‑a right to go on the land for the limited purpose of severing the minerals and making them their own‑‑rather than two separate interests consisting of the minerals and the access rights.
		The profit à prendre was held in gross by respondents and could be extinguished by unity of seisin.
		Profits à prendre in gross are extinguished by unity of seisin, i.e.
	scc.lexum.umontreal.ca /en/1985/1985rcs1-533/1985rcs1-533.html (8068 words)

	Legal Ruling 97-2 (Site not responding. Last check: 2007-11-01)
		A profit a prendre is a right to enter the "soil of another" and "take soil or produce of the land" (Black's Law Dict., (6th ed.
		A profit a prendre may be unlimited in duration or limited to a term of years.
		A profit a prendre is distinguishable from a leasehold, even where it is an interest for a term of years, in that a leasehold conveys to the lessee exclusive possession of the property (see generally, 42 Cal.Jur.3d, Landlord and Tenant, §76 and §80; Heilbron v.
	www.ftb.ca.gov /law/rulings/Active/lr97_2.html (1645 words)

	[No title]
		The profit a prendre is a property right which in effect is a grant of a part of the land itself.
		For example, a landowner may grant a profit a prendre to a forestry company, which gives it a right to remove trees from a part of his or her land.
		To use a profit a prendre for conservation purposes would be going against the general law from both the past and the present, which only characterizes a profit a prendre in terms of a right to take a particular resource away from the land.
	www.landtrustalliance.bc.ca /docs/agriculture.doc (2472 words)

	Easements - Nature and Types (Site not responding. Last check: 2007-11-01)
		A profit, sometimes called a profit á prendre, consists of the right to enter upon another's land for the purpose of removing, or severing and removing, something from that land.
		The right to take water from a spring or pond on another's land is a profit, as may be the right to harvest timber or crops on another's land or, in some circumstances, the right to remove minerals from another's land.
		An easement or profit which benefits another estate in land is an easement appurtenant or a profit appurtenant, that is, it is appurtenant to the benefited estate and will pass with a conveyance of the benefited estate.
	www.law.pitt.edu /fox/property/CH08/easmn1.htm (483 words)

	Queensland Tree Tenure System (Site not responding. Last check: 2007-11-01)
		A profit à prendre is defined as the ‘right to the produce of soil belonging to another person’.
		For example, profit à prendres were used to facilitate the harvesting of grouse from moorland in Scotland.
		A profit à prendre may now be registered on a land title by lodging an instrument of profit à prendre on Land Registry Form 29.
	www.forests.qld.gov.au /forind/farmprivateforestry/qldtreetenure.htm (1534 words)

	The K-Zone: profit in gross (Site not responding. Last check: 2007-11-01)
		A profit a prendre (see ProfitlandAndProperty) that is not attached to a particular piece of land, but is owned by a particular person or group of people.
		One of the substantial changes made by the LandRegistrationAct2002 is that profits in gross are now substantively registerable, rather than merely noted against the ServientTenement.
		Profits can be very valuable, and the ability to register them is generally seen as a positive development.
	www.kevinboone.com /PF_lawglos_ProfitInGross.html (70 words)

	TPT Procedure
		The department's action on the claim is final unless the taxpayer appeals to the department in writing within the time and in the manner prescribed by statute.
		The exclusion also applies to the right to use the surface or subsurface of the property as is necessary or convenient to the right to sever the minerals.
		The tax base for the leasehold right not included within the profit à prendre is limited to the fair market value of the leasehold rights computed after deducting the value of all rights under the profit à prendre.
	www.revenue.state.az.us /ResearchStats/proc/tpp97-2.htm (1279 words)

	Farley v. Hiers
		At issue are the questions whether the use of the well was adverse rather than permissive; whether the operation of the water service for profit precludes a finding of easement; and whether the exclusiveness of appellee's use of the fifteen by twenty-five foot corner of Lot 23 precludes a finding of easement.
		Appellant points out that by definition, an easement is "'a privilege without profit, which the owner of one tenement has a right to enjoy in respect to that tenement in or over the tenement of another person....'" Burdine v.
		"A profit a prendre is the right or privilege to acquire, by severance or removal from another's land, some thing or things previously constituting a part of the land or pertaining to the land." Merriam v.
	www.floridageomatics.com /flalaw/cases/farley-hiers.htm (1065 words)

	REAL PROPERTY ACT 1900 - SECT 47 Creation of easements etc
		(3) An easement or profit à prendre may, by a lease, be reserved in or over the demised land for the purpose of being annexed to or used and enjoyed together with other land of which the lessor is registered as proprietor under this Act.
		The dealing and any such plan are to be executed by each person having a registered estate or interest in the land burdened or in any land benefited by the easement or profit à prendre.
		(6) An easement or profit à prendre recorded in the Register may be released wholly or partly by a transfer registered under this Act and altered as the circumstances of the case may require.
	www.austlii.edu.au /au/legis/nsw/consol_act/rpa1900178/s47.html (438 words)

	Gowlings Resources [Land Trusts - an Introduction and Overview]
		While it is beyond the scope of this paper to deal with the organization and governance of not-for-profit corporations, there is essentially no difference between a non profit corporation established for the purpose of carrying out the objects of a land trust and any other non profit corporation with charitable objects.
		A profit of prendre is another example of a bundle of rights pertaining to real property.
		A straightforward example of a profit of prendre is the right to take timber from land.
	www.gowlings.com /resources/publications.asp?showWhat=713 (2113 words)

	"Stray Thoughts from the Library"
		The value of the right to use property is not the same as the value of the profit from the use of that property.
		In property law, profits refer to profits a prendre, or the right to sever minerals or growing crops.
		If the income is rent, royalty, or profit a prendre, then the source is property and the value indicator is the value of the property.
	www.smartvoter.org /1998jun/ca/or/vote/bone_j/paper3.html (1182 words)

	Center For Land Grant Studies
		A profit à prendre — in modern parlance, a profit — "is an easement that confers the right to enter and remove timber, minerals, oil, gas, game, or other substances from land in the possession of another." Restatement (Third) of Property: Servitudes § 1.2(2)(1998) [hereinafter Restatement].
		Although this court has not addressed implied profits for over thirty-five years, there is a modern trend to apply the same rules to easements of access and to profits.
		Easements and profits are treated equally because the same public policy and practical considerations that underlie implied rights of access also underlie implied profits.
	www.southwestbooks.org /sangredecristo.htm (10524 words)

	The Freehold Owners Association
		The legal characterization of a freehold oil and gas lease as a profit à prendre has profound implications for freeholders.
		There are no statutory regulations whatsoever in Alberta governing the form of a profit à prendre or the actions of the land agents who typically deal with freehold owners, and freeholders are left in a regulatory ‘no-mans land’ (“The Role of Regulatory Authorities”).
		When disputes arise, freehold owners must rely entirely on the wording of their lease agreement, wording which is drafted by oil company lawyers for the benefit of oil companies.
	www.fhoa.ca /yr_lease.htm (1184 words)

	UT Admin Code R652-100. Materials Permits.
		The division may issue materials permits or may convey profits a prendre or similar interests on all sovereign lands when the division deems it consistent with division land use plans.
		The division may issue profits a prendre in all other instances using the procedures and provisions outlined in Sections R652-100-400, R652-100-500, R652-100-600, R652-100-1000, R652-100-1200, R652-100-1300 and R652-100-1500.
		The conveyance of a profit a prendre or similar interest in these materials will contain provisions to substantially conform to those found in Sections R652-100-300, R652-100-700, R652-100-800, and R652-100-900.
	www.rules.utah.gov /publicat/code/r652/r652-100.htm (2000 words)

	CONVEYANCING ACT 1919 - SECT 89 Power of Court to modify or extinguish easements, profits à prendre and certain ...
		(c) that the proposed modification or extinguishment will not substantially injure the persons entitled to the easement or profit à prendre, or to the benefit of the restriction or obligation.
		(2) Where any proceedings are instituted to enforce an easement, profit à prendre, restriction or obligation, or to enforce any rights arising out of a breach of any restriction or obligation, any person against whom the proceedings are instituted may in such proceedings apply to the Court for an order under this section.
		Local Government Act 1993) in which the land is situated, and to such other persons and in such manner, whether by advertisement or otherwise, as may be prescribed by rules of Court or as the Court may order.
	www.austlii.edu.au /au/legis/nsw/consol_act/ca1919141/s89.html (539 words)

	Easements For Dummies
		A "profit a prendre" is the right to take part of the soil or produce of land (soil, gravel, oil, gas, minerals, timber, etc.) owned by someone else, or the right to participate in the land profits.
		A profit differs from an easement, inasmuch as one of the features of an easement is the absence of all rights to participate in the profits of the land bearing the easement.
		Many transfers historically considered to be profits a prendre are really deeds or leases, such as timber deeds, timber leases, or gravel leases.
	www.vsb.org /sections/rp/articles/gregory.html (3800 words)

	Terms from The Encyclopedia of Real Estate Terms
		A right or privilege that the owner of one parcel of land enjoys over another parcel of land by which that owner derives a particular benefit from the use of the other land, but does not have a right to take anything tangible from the other land.
		However, it is an interest in land and an easement may continue even if there is a change in the ownership of the land; it is said to ‘run with the land’; although it is extinguished if both tenements come into the same hands.
		An easement may be distinguished from a profit à prendre as the latter allows someone to take something physically from the land or benefit from the profits of the soil, whereas an easement does not (Alfred F Beckett v Lyons [1967] Ch 449, 482B; McDonald v.
	www.deltaalpha.com /html/terms2.php?id=6 (1751 words)

	LeanLegal Dictionary - S
		An easement is type of servitude as is a profit á prendre.
		Shares also include a right to participate in profits through dividends and the right to share in the assets of the company if it is dissolved.
		A shareholder agreement would typically control inflows to the company or purchases of shares, how profits are to be distributed, dispute resolution and what to do if a shareholder dies.
	www.leanlegal.com /dictionary/s.asp (3622 words)

	PR 2005/23 - Income Tax: BioForest Wholesale Project No 2 - 2005 Growers
		Under the agreement, the Grantor agrees to grant a lease or a profit a prendre of an identifiable area of land to the Grower, within 12 months of the execution of the agreement.
		The Lease or Profit a Prendre will terminate on the date that the final distribution of the sale proceeds is made to the Grower or on the date the Project is terminated, pursuant to the terms of the Constitution.
		The Lease and/or a Profit a Prendre provides the Grower with an ongoing interest in the specific trees on the leased (or licensed) area for the term of the Project.
	law.ato.gov.au /atolaw/view.htm?docid=PRR/PR200523/NAT/ATO/00001 (8826 words)

	- Sample Questions
		A covenant running with the land is a hybrid concept lying somewhere between an interest in land (e.g., an easement or a profit) and a mere personal agreement.
		Thus, a license may be distinguished from an easement since the former requires no formalities for its creation as does an easement.
		A profit (or profit a prendre) is a right of one person to go onto the land in possession of another and take therefrom either some part of the land itself or some product of the land.
	passyourbar.com /question4.htm (506 words)

	Court of Appeals, Mar. 31, 1999 (Site not responding. Last check: 2007-11-01)
		Given that the relief that plaintiff had sought was no longer possible, and no collateral consequences were identified, plaintiffs appeal was moot.
		Defendants appeal from a judgment quieting title to 24,000 acres of land in favor of plaintiffs and extinguishing an express profit a prendre granting defendants the right to hunt and fish on plaintiffs' property.
		On de novo review, the court reversed the trial court's determination that defendants had abandoned their rights to the profit or, alternatively, that plaintiffs obtained title by adverse possession.
	www.willamette.edu /law/wlo/oregon/appeals/99cases/19990331.htm (522 words)

	Interests (Site not responding. Last check: 2007-11-01)
		Profit à prendre, a property right to remove something from the land of another
		A Profit can end by the same means as a Lease.
		A License or Profit that arose by estoppel or can end by the same means as a Lease or by full depreciation or amortization of expense that gave rise to estoppel.
	www.law.pitt.edu /fox/miningl/mlchap02/02_ints.htm (499 words)

	PETITION -- HOUSE (Site not responding. Last check: 2007-11-01)
		An Act RELATIVE TO NON-USE OF ANCIENT PROFITS A PRENDRE.
		Be it enacted by the Senate and House of Representatives in General Court assembled, and by the
		Said profit a prendre may be extended for additional terms, provided that there is recorded notice thereof as required by this section before the expiration of the fifty-year period commencing on the date of the prior recorded notice.
	www.mass.gov /legis/bills/house/ht00/ht00795.htm (191 words)

	Land Registration Act 2002
		(1) A legal easement or profit a prendre, except for an easement, or a profit a prendre which is not registered under the Commons Registration Act 1965 (c.
		(b) would not have been obvious on a reasonably careful inspection of the land over which the easement or profit is exercisable.
		(2) The exception in sub-paragraph (1) does not apply if the person entitled to the easement or profit proves that it has been exercised in the period of one year ending with the day of the disposition.
	www.opsi.gov.uk /acts/acts2002/20009--r.htm (459 words)

	Alternative News Network, Cairns, tropical north Queensland, Australia (Site not responding. Last check: 2007-11-01)
		The Natural Resources and Other Legislation Amendment Bill (No.2) 2003 proposes amendments to the Land Act 1994, the Forestry Act 1959 and the Land Title Act 1994 to extend the instrument of profit a prendre, currently only available in Queensland on freehold land, to leasehold land.
		Commercial ownership or interest in the natural resource product would be separate from the leaseholder's tenure over the land under the profit a prendre mechanism.
		Importantly, all native vegetation on leasehold land other than that planted by the lessee as a plantation, and the rights associated with it, will remain protected and the property of the State.
	us.altnews.com.au /nuke/article.php?sid=5881 (497 words)

	SICE - WTO - United States - WT/DS257/R
		A profit à prendre is a form of real property right that conveys a non-possessory interest in the land to the recipient.
		Properly understood, a profit à prendre and a license to harvest standing timber are economic resources that are not “goods” within the meaning of Article 1.
		Consistent with market principles, this enormous profit on timber harvesting operations demonstrated that harvesters cannot be said to be receiving stumpage for “less than adequate remuneration”.
	www.sice.oas.org /DISPUTE/wto/ds257/ds257r1e.asp (16206 words)

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