Profit à Prendre is a legal right that allows one person to enter another person’s land and remove part of the land or its natural resources. Unlike an easement, which grants only the right to use another’s property, a profit à prendre permits the holder to take something of value from the land. Common examples include the right to harvest timber, mine minerals, extract gravel or sand, hunt game, fish, or graze livestock. The right may be created by deed, contract, reservation, or prescription, depending on state law.
A profit à prendre is considered an interest in real property and may be either exclusive or nonexclusive, as well as permanent or limited to a specific period. In many cases, it can be transferred separately from ownership of the land unless the agreement provides otherwise. Because the exercise of a profit à prendre involves entering another person’s property and removing natural resources, the scope of the right is interpreted according to the language of the creating document and applicable state law. Title examinations involving rural, timber, agricultural, or mineral properties often include a review of recorded profits à prendre to determine whether others hold rights affecting the property’s use or value.
