Mesne Profits Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Mesne Profits, written in plain English, along with examples of how it is used.
What is Mesne Profits?
(n) Mesne profit are the averaged or assumed profit expected to be received by a person in possession of the property. Mesne profit is worked out when a claim is forwarded to recover the accruals from a property illegitimately held by a person. Eg. If a person wrongly hold a property mesne profit is used to refer the profit arises out of that property.
History and Meaning of Mesne Profits
Mesne profits, also known as mesne earnings or intermediate profits, date back to medieval times in England. The term "mesne" comes from the Old French word "meien", meaning middle, and refers to the profits earned during the time when someone is wrongfully occupying someone else's property.
Mesne profits are awarded when a claim is made to recover the income or rent that was lost because of the unjustified possession of property. They are a form of compensation and are calculated based on the average earnings that the rightful owner could have obtained from the property.
Examples of Mesne Profits
John's tenant moves out of his property but continues to occupy it without his permission. After a few months, John files a lawsuit to recover the unpaid rent and mesne profits during the time his tenant was occupying the property illegally.
Mary buys a piece of land but discovers that her neighbor has been using it for a driveway for the last five years without her knowledge. She files a lawsuit against her neighbor to recover the mesne profits for the unauthorized use of her property.
Tom's uncle dies and leaves him a house. However, the former owner of the house refuses to move out and continues to occupy it. Tom files a claim to recover the mesne profits for the duration of the illegal occupation.
Legal Terms Similar to Mesne Profits
Deprivation - the act of being deprived of something that one is entitled to, such as property or assets
Trespass - the unlawful entry or use of someone else's property
Detinue - a legal action to recover goods that have been wrongfully detained or held by someone else