The Owner of Roseland

A profit à prendre is the right to go on to someone else’s land and acquire natural materials from it and include the right to mine, quarry, fish, and hunt, graze animals or cut turf. It is important for Jean to understand that order to ascertain whether there is a profit a prendre, it is not necessary to show that the relevant right that has been granted gives an appreciable benefit to the dominant land. Gale suggests that the question of whether a right can be a profit depends upon the nature of the right and its relevance to the dominant land. Profit of pasture is an ancient right but still generally claimed today. It is a profit because grazing animals take grass and other plants from the land. This cannot exist as a right to graze an unlimited number of animals as this would wear out a land, and the traditional limit is the maximum number of animals which can be supported through the winter, as mentioned in Mellor v Spaceman, 1669. Unlike an easement, a profit may not be appurtenant to land, in which case it may be exercised for the personal benefit of its owner. Profit appurtenant can change character. Bettison v Langton, 2001, is the authority of the rule.In the unregistered land system, a legal profit is enforceable against any purchaser, under the principle that legal rights bind the whole world. However equitable profit has to be registered as a charge through some passages in E. R. Ives Investment v High, 1967, suggest that some equitable profits may be enforceable without registration.And inCarr v Lambert1866, 1 Ex 168, 175 relevancy and couchancy was described as a measure of the capacity of the land to keep cattle out of artificial or natural produce grown within its limits.