Mesne profits
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Mesne profits are sums of money paid for the occupation of land to a person with right of immediate occupation, where no permission has been given for that occupation.
This situation commonly arises where a landlord has obtained an order from a court for the possession of their land from a tenant who is to be evicted. Some time may elapse from the date of the court order -- which ends the tenancy -- and the recovery of possession by the landlord. The tenant owes no rent for the occupation, since they have ceased to be a tenant, but will be made to pay a charge, usually identical to the rent, which is known as a mesne profit.
A suit for recovery of such charges used to be called a trespass for mesne profits. This term is still used in the United States, but has fallen out of use in other common law jurisdictions. Contrast Gilbert v Morshead (1872) Cooke 89, described as "an action of trespass for mesne profits", with Hodson v Walker (1872) L.R. 7 Exch. 55, where a former action of trespass for mesne profits was described as "an action for trespass and mesne profits". The phrase "action for mesne profits" is now commonplace.
In England and Wales the term occupation charge is becoming more usual as a result of the move away from Law French and Latin in the law.
