Explanation:

Profit a prendreit was derived from French Language it says “Right of Taking”. The Essay deals with the concept of Profit a Prendreand its implications in the legal field. “A Profit a prendre is an interest in land”, this creates an interest in land and gives the right to take something off someone else’s land including wildlife, minerals or timber. The nexus between the profit a prendre and license has been discussed in the essay. section 3 of the Transfer of Property Act, 1882 and subsection 25 of the General Clauses Act 1897, which applies to the immovable property as included “land”, “benefit arising out of land” and the things attached to the earth, which means rooted in the earth or embedden in the earth, or permanently fastened to anything so embedded for its beneficial enjoyments”.The grant of the Profit a prendre is immovable property and has to be by means of a registered instrument. A right to enter on land, for purpose of cutting and carrying way timber standing on it, is a benefit that arises out of land, and under section 3(26) of the general clauses act, it would be regarded as immovable property, because a. It is a benefit that arises out of the land, and b. Trees are attached to the earth In Santabhai vs. State of Bombay case it was challenged that whether standing timber comes under immovable property or not. It was held by Vivian that “Now it will be observed that trees are regarded as immovable property because they are attached to or rooted in the earth. Transfer of property does not define immovable property beyond saying that it does not include standing timber, growing crops or grass’, trees attached to it are immovable except standing timber. In the absence of special definition, the general definition must prevail. Therefore trees are immovable property (except standing timber) are immovable property” it is proved in the Santabhai case that trees are considered as immovable property. In Bhola nath nundi vs. Midnapore zamindari6 co ltd the Calcutta high court held that, ‘a Profit a prendre’ is an incorporeal right clothing the possessor of it with an interest in the land. It is a right to enter on the land of another and take their form a profit of the soil. It is so called because the claimant is entitled to take the profit for himself. • An allowance charged on land • A grant of an annual allowance to be levied from certain land • A life interest in the income of immovable property