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Multiple Choice

Profit á prendre refers to which concept in easement law?

Profit à prendre is a non-possessory real property interest that gives the holder the right to take something from someone else’s land—such as timber, minerals, or game—off the land of another. It’s an incorporeal (intangible) right attached to land, essentially a right to extract resources rather than to use the land for a surface purpose. This fits within easement-type concepts because it creates a recognized, enforceable claim against the land, even though it doesn’t grant possession. It’s different from prescription (rights acquired by long use) and from the appurtenant vs. in gross distinction (profits can run with the land or be held independently), but at its heart the idea tested is that a profit à prendre is an incorporeal land-related right to remove resources.

Profit à prendre is a non-possessory real property interest that gives the holder the right to take something from someone else’s land—such as timber, minerals, or game—off the land of another. It’s an incorporeal (intangible) right attached to land, essentially a right to extract resources rather than to use the land for a surface purpose. This fits within easement-type concepts because it creates a recognized, enforceable claim against the land, even though it doesn’t grant possession. It’s different from prescription (rights acquired by long use) and from the appurtenant vs. in gross distinction (profits can run with the land or be held independently), but at its heart the idea tested is that a profit à prendre is an incorporeal land-related right to remove resources.