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“À prendre” is a French term used in property law to refer to the right of one party to collect natural resources from another’s property. This right is granted through a contract and is similar to granting an easement. The profit holder does not have an absolute right to use the land without restriction and can be held liable for damages caused to the land.
À prendre is a French term, meaning “to take” or “to take”. Latin isn’t the only language that has found its way into the common legal vernacular. This French term is often used in property law to refer to a profit à prendre, which is the right of one party to collect or extract raw materials – such as oil, timber, or other natural resources – from another person’s property. Profits à prendre may be granted by the landowner to any other party, and are usually made through a contract.
Profits à prendre are generally referred to simply as “profits” and are often given to a business in return for using the natural resources on a private landowner’s property. For example, companies can contact a landlord in an area who has recently discovered an oil field to get permission to drill for their land. This landowner can consider several offers, but then can give a profit to the highest bidder, giving that company the right to extract as much oil as is negotiated in the profit agreement. A common requirement stipulated by a corporation is that of an exclusive profit, which gives that corporation the exclusive right to use the natural resources on the landowner’s property.
The rules for making and ending a profit are similar to the more common rule of granting an easement, which is a grant by one landowner to another party of the right to enter or exit through his land. Typically, a profit à prendre is created through a written agreement detailing the profit holder’s right to which and how many natural resources existing on the earth to which he is entitled to extract. The agreement will also typically regulate the event that will lead to the termination of the profit agreement. Generally, the resolution in a profit deal is determined by the passage of time or a certain amount of resources extracted.
Profits à prendre do not give the profit holder an absolute right to use the land without restriction. Even if none are specified in the agreement, the landowner can bring an action claiming that the profit holder abused his discretion and damaged the land if the corporation unreasonably deprived the land of its assets. This action is called “overcharge” and can result in monetary damages to the landowner equal to the amount of damage caused by the profit holder on the land, as well as the termination of the profit contract.
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