Profit à Prendre Legal Definition:

A servitude which resembles an easement and which allows the holder to enter the land of another and to take some natural produce such as mineral deposits, fish or game, timber, crops or pasture.

Or, as adopted in Nywening v. Melton Holdings Ltd. (1998, ABQB) 58 Alta LR (3d) 333:

"A profit à prendre is a right to take something off the land of another person. It may be more fully defined as a right to enter the land of another person and to take some profit of the soil, or a portion of the soil itself, for the use of the owner of the right."

The history of the doctrine was described in National Trust Co. v. Bouckhuyt 1987 39 DLR 4th 60 (1987, Ontario):

"A profit à prendre is a right to take something off the land of another person. A profit includes the power and privilege to acquire, through severance, ownership of some part of the physical substance included in the possession of the land that is subject to the profit, or by reduction to possession, ownership of some substance which, were it not for the existence of the profit, could be appropriated only by the possessor of the land that is subject to the profit.

"A profit à prendre is an incorporeal hereditament and unlike an easement it is not necessarily appurtenant to a dominant tenement but may be held as a right in gross, and as such may be assigned and dealt with as a valuable interest according to the ordinary rules of property. It is in effect a grant of the ownership of such portions of the land as are conveyed."

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