| 释义 |
profit à prendre
The right to take soil, minerals, or produce (such as wood, turf, or fish) from another’s land (the servient tenement) or to graze animals on it. It may exist as a legal or equitable interest. The right may be enjoyed exclusively by one person (a several profit) or by one person in common with others (a common). A profit may exist in gross (i.e. existing independently of any ownership of land by the person entitled) and may be exercisable without any limit on the amount of produce taken. It may be sold, bequeathed, or otherwise dealt with. Profits existing for the benefit of the owner’s land (the dominant tenement) are generally exercisable only to the extent to which the dominant tenement can benefit. They may be appurtenant, when the nature of the right depends on the terms of the grant; or pur cause de vicinage (Norman French: because of vicinity), in respect of cattle grazing the dominant tenement and straying onto the unfenced adjacent servient tenement. Profits may be created by express or implied grant or by statute; profits appurtenant may also arise by prescription (or presumed grant). They may be extinguished (1) by an express release; (2) by the owner occupying the servient tenement; or (3) by implied release (e.g. through abandonment, which may be presumed through long non-user, through changes to the dominant tenement that make enjoyment of the right unnecessary or impossible, or through an irreversible alteration of the servient tenement). |