Mesne profits
Encyclopedia
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. The concept is feudal
in origin, and common in countries which rely on the English legal system
(including many former British colonies). The word is derived from the root word demesne
.
Mesne profits commonly occur where a landlord
has obtained an order from a court to evict
a tenant
, or where an individual sues to eject a bona fide
landowner to whom title
to land was improperly conveyed
. The mesne profit represents the value (living rent-free, profits earned from the land, etc.) the ejected tenant received from the property between the time the court ordered the eviction and the time when the tenant actually left the property. Mesne profits must be drawn from the land itself, rather than improvements on it. For example, mesne profits may accrue from growing crops on land but would not generally accrue from a factory built on the land (unless there were damage to the land or improvements to the land itself such as the removal of stone from a field).
A statute of limitations (usually six years) often limits the tenant-in-error's liability.
Calculating mesne profits is often regulated by legislatures, but may be litigated in a court of equity
. Mesne profits may be calculated, even there may no point in doing so (as in the case where land was flooded by a dam, and the dam is not going to be removed). In the United States, laws regulating mesne profits have been the subject of Supreme Court
decisions, such as Green v. Biddle
, 21 U.S. 1 (1823).
Feudalism
Feudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...
in origin, and common in countries which rely on the English legal system
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
(including many former British colonies). The word is derived from the root word demesne
Demesne
In the feudal system the demesne was all the land, not necessarily all contiguous to the manor house, which was retained by a lord of the manor for his own use and support, under his own management, as distinguished from land sub-enfeoffed by him to others as sub-tenants...
.
Mesne profits commonly occur where a landlord
Landlord
A landlord is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called a tenant . When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner...
has obtained an order from a court to evict
Eviction
How you doing???? Eviction is the removal of a tenant from rental property by the landlord. Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, forcible detainer, ejectment, and repossession, among other terms...
a tenant
Tenement (law)
A tenement , in law, is anything that is held, rather than owned. This usage is a holdover from feudalism, which still forms the basis of all real-estate law in the English-speaking world, in which the monarch alone owned the allodial title to all the land within his kingdom.Under feudalism, land...
, or where an individual sues to eject a bona fide
Bona Fide
Bona Fide is a studio album from rock band Wishbone Ash. It is the first studio album in six years and is the only studio album to feature guitarist Ben Granfelt...
landowner to whom title
Title (property)
Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership...
to land was improperly conveyed
Conveyancing
In law, conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage or a lien....
. The mesne profit represents the value (living rent-free, profits earned from the land, etc.) the ejected tenant received from the property between the time the court ordered the eviction and the time when the tenant actually left the property. Mesne profits must be drawn from the land itself, rather than improvements on it. For example, mesne profits may accrue from growing crops on land but would not generally accrue from a factory built on the land (unless there were damage to the land or improvements to the land itself such as the removal of stone from a field).
A statute of limitations (usually six years) often limits the tenant-in-error's liability.
Calculating mesne profits is often regulated by legislatures, but may be litigated in a court of equity
Court of equity
A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.These courts began with petitions to the Lord Chancellor of England...
. Mesne profits may be calculated, even there may no point in doing so (as in the case where land was flooded by a dam, and the dam is not going to be removed). In the United States, laws regulating mesne profits have been the subject of Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decisions, such as Green v. Biddle
Green v. Biddle
Green v. Biddle, 21 U.S. 1 is a 6-to-1 ruling by the Supreme Court of the United States that held that the state of Virginia had properly entered into a compact with the United States federal government under Clause One of Article Four of the United States Constitution...
, 21 U.S. 1 (1823).