Where Family Law and Estates Intersect
Introduction In addition to the two legal estates inland, it is also possible to have an interest inland. This is a lesser right over the land which falls short of possession. Anyone can own an interest in land. It is not always necessary to own land to have an interest inland. For example, à privilege, or ‘profit a prendre’, allows the owner of that interest to enter a person’s land in order to take produce from it, such as crops or firewood, without actually being the owner of any land themselves. Aim Higher There are exceptions to this rule, as easement can only benefit an individual as the owner of the benefited land. This is discussed in further detail in Chapter 9. As a property right, an interest in land can be sold by the owner of the interest or transferred to a third party in the same way as an estate in land can. The owner of an interest in land can also protect their interest against a third-party purchaser of the estate in which the interest is held. Legal and equita...