Profit A Prendre - Law Dictionary Search Results
Home Dictionary Name: profit a prendreProfit a prendre
Profit a prendre, ' right for a man, in respect of his tenement, to take some profit out of the tenement of another man. Except in the case of a copyholder no claim of a profit ' prendre in alieno solo can be made by custom, nor can it be claimed by a fluctuating body such as the inhabitants of a place (Williams on Rights of Common, p. 194). See LAMMAS LANDS. A prescription in a que estate for a profit a prendre in alieno solo without stint and for commercial purposes is unknown to the law, Harris v. Chesterfield (Earl), 1911 AC 623. As to a demise of a profit a prendre, see Radcliff v. Hayes, (1907) 1 Ir R 101. A profit a prendre in gross is a right of property which may be dealt with and transferred in the manner appropriate to the right, Welcome v. Upton, (1840) 6 M&W 536. Consult Gale on Easements, and Hall on Profits a Prende....
profit a prendre
profit a prendre or profit À prendre [prÄ -fət-Ä -prÄ n-dər] n pl: profits À prendre or: profits À prendre [Anglo-French, literally, profit to be taken] : a right, privilege, or interest that allows one to use the soil or products (as fish and game) of another's property ...
Profit of prendre
Profit of prendre, means benefit arising out of land, Ananda Behera v. State of Orissa, AIR 1956 SC 17....
Hereditaments
Hereditaments, every kind of property that can be inherited; i.e., not only property which a person has by descent from his ancestors, but also that which he has by purchase, because his heir can inherit it from him. The two kinds of hereditaments are corporeal, which are tangible (in fact, they mean the same thing as land), and incorporeal, which are not tangible, and are the rights and profits annexed to, or issuing out of, land. It includes money held in trust to be laid out in land [Re Gosselin, (1906) 1 Ch 120].Any property that can be inherited; anything that passes by intestacy, Black's Law Dictionary, 7th Edn., p. 730.The enumeration of incorporeal hereditaments in Hale's Analysis (p. 48) is the following:-Rents, services, tithes, commons, and other profits in alieno solo, pensions, offices, franchises, liberties, villains, dignities. But Blackstone enumerates ten principal kinds:-Advowsons, tithes, commons, ways, offices, dignities, franchises, corodies or pensions, annuities,...
Easement
Easement, An easement is a right which the owner or occupier of certain land possesses, a such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own. [Easement Act, 1882 (5 of 1882), s. 4]Easement, a privilege without profit which the owner of one neighbouring tenement hath of another, existing in respect of their several tenements, by which the owner of the one (called the servient) tenement is obliged to suffer, or not to do something on his own land, for the advantage of the owner of the other (called the dominant) tenement, e.g., a right of way, a right of passage of water. It is the servitus of the Civil Law. An easement being a mere right without profit must be distinguished from a profit a prendre (q.v.), which confers a right to take something from the servient tenement. Instances of easements are rights of way, light, support, or fl...
profit
profit 1 : gain in excess of expenditures: as a : the excess of the selling price of goods over their cost b : net income from a business, investment, or capital appreciation compare earnings, loss 2 : a benefit or advantage from the use of property see also mesne profits, profit a prendre compare easement, right of way, servitude ...
Water and watercourse
Water and watercourse. In the language of the law the term 'land' includes water, 2 Bl. Com. 18. An action cannot be brought to recover possession of a pool or other piece of water by the name of water only, but it must be brought for the land that lies at the bottom, e.g. 'twenty acres of land covered with water.'-Brownl. 142. See POOL. By granting a certain water, though the right of fishing passes, yet the soil does not. Water being a movable, wandering thing, there can be only a temporary, transient, usufructuary property therein. Consult Coulson and Forbes on the Law of Waters, Gale on Easements, and Angell on Watercourse. 'Water' does not include the land on which it stands, unless perhaps in the case of salt pits or springs, where the interest of each owner is measured by builleries, ballaries or buckets of brine, Burt. Comp. pl. (550), and see Co. Litt. 4 b.The (English) Waterworks Clauses Act, 1847, and the Waterworks Clauses Act, 1863 (see Chitty's Statutes, tit. 'Water,' and...
chattel
chattel [Old French chatel goods, property, from Medieval Latin capitale, from neuter of capitalis chief, principal see capital ] : an item of tangible or intangible personal property ;esp : chattel personal in this entry NOTE: In some jurisdictions the term chattel is restricted to items of tangible and movable personal property. Other jurisdictions also classify intangible assets and property items as chattels. chattel personal pl: chattels personal : an item of tangible movable personal property (as livestock or an automobile) that is not permanently connected with real estate chattel real pl: chattels real : an interest (as a leasehold or profit a prendre) in an item of immovable property (as land or a building) that is less than a freehold estate compare fixture NOTE: Interests that are considered chattels real have been treated by the common law as personal property despite being interests in real property. ...
right of common
right of common :profit a prendre ...
Que estate
Que estate [quorum statum, Lat.], as much as to say, whose estate he has. Where prescriptive rights are claimed by reason of the continuous and immemorial enjoyment thereof by the claimant, a person seised in fee, and by all those whose estate he has, this is called a prescription in a que estate. The phrase is taken from the Norman French: that he, and all those whose estate he has, have from time immemorial enjoyed the right-tous ceus que estate il ad.-Williams on Rights of Common, p. 16. A person cannot prescribe in anything by a que estate that lies in grant, and cannot pass without deed or fine; but in him and his ancestors he may, because he comes in by descent without any conveyance, Co. Litt. 121 a; 2 Bl. Com. 264; 2 Br. & Had.Com. 419. A prescription in a que estate for a profit a prendre in alieno solo without stint and for commercial pur-poses is unknown to the law, Harris v. Chesterfield (Earl), 1911 AC 623. See PRESCRIPTION....
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