mesne profits


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mesne profits

n. profits which have accrued while there was a dispute over land ownership. If it is determined the party using the land did not have legal ownership, the true owner can sue for some or all of the profits made in the interim by the illegal tenant, which are thus called "mesne profits." (See: mesne)

mesne profits

rents or profits accruing during the rightful owner's exclusion from his land.

MESNE PROFITS, torts, remedies. The value of the premises, recovered in ejectment, during the time that the lessor of the plaintiff has been illegally kept out of the possession of his estate by the defendant; such are properly recovered by an action of trespass, quare clausum fregit, after a recovery in ejectment. 11 Serg. & Rawle, 55; Bac. Ab. Ejectment, H; 3 Bl. Com. 205.
     2. As a general rule, the plaintiff is entitled to recover for such time as be can prove the defendant to have been in possession, provided he does not go back beyond six years, for in that case, the defendant may plead the statute of limitations. 3 Yeates' R, 13; B. N. P. 88.
     3. The value of improvements made by the defendant, may be set off against a claim for mesne profits, but profits before the demise laid, should be first deducted from the value of the improvement's. 2 W. C. C. R. 165. Vide, generally, Bac. Ab. Ejectment, H; Woodf. L. & T. ch. 14, s. 3; 2 Sell. Pr. 140; Fonb. Eq. Index, h.t.; Com. L & T. Index, h.t.; 2 Phil. Ev. 208; Adams on Ej. ch. 13; Dane's Ab. Index, h.t.; Pow. Mortg. Index, h.t.; Bouv. Inst. Index, h.t.

References in periodicals archive ?
The Court of Appeal ruled that a former tenant who wrongfully remained in possession of a property once their tenancy had come to an end would no longer be liable for mesne profits once they had given up possession.
Mr Jones was ordered to pay Merton Council mesne profits for the period from October 2005 until November 2005 - pounds 343.