Easements and Profits

Abstract

Easements and profits are always linked together as interests ‘over someone else’s land’ (in alieno solo). Profits in medieval times were very nearly as important as the fee simple; the rules were settled centuries ago and have changed little. Easements are also ancient but they only achieved their present form within the last hundred years or so, after the enclosures of commonly held rural land and urbanisation. Easements are much more important than profits, which are now rarely created, having largely been replaced by contracts. Both profits and easements are generally liable to be affected by decisions in the law of tort; thus this chapter illustrates some of the interrelationships of the law of contract, tort and land.