Profit-à-prendre

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Profit-à-prendre (Middle French for "right of taking") is an easement — a transfer of usage rights — which gives the holder the right to remove the soil or "substances of the soil" (e.g. mining, timber, oil, game, etc.) from the land of another. This easement, unlike an easement appurtenant, does not require the possession of another tract of land that the easement benefits. Simply put, a profit-à-prendre is like an easement in gross that specifically deals with rights concerning the soil.

Like a commercial easement in gross, a profit-à-prendre is completely alienable. A properly recorded profit-à-prendre will also remain even if the ownership of the land upon which the profit exists changes hands.

A profit-à-prendre also includes the right to use the surface of the land as is necessary or convenient for exercising the profit.

A profit-à-prendre is sometimes simply referred to as a "profit", or "a right of common"