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Review Your SQE 1 Practice Records

Examination Timing: 00H01M10S

Susan is interested in purchasing Meadow Farm from Jonathan. During her visit to the property, she notices sheep grazing in one of the fields and is told by Jonathan that the sheep belong to his neighbour, Derek, "who has always grazed his sheep there". Which of the following statements best describes the legal position?

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Grazing rights can form a legal or equitable interest in land. The right to take something from another's land, such as grazing animals, is known as a profit à prendre. Specifically, the right to graze animals is known as a profit of pasture. Profits can exist at law if they are granted in perpetuity or for a fixed period and are created by deed. Alternatively, they can exist in equity in other cases. If the profit exists in equity, the Doctrine of Notice determines whether a purchaser like Susan would be bound by it. 


Key Point: Profits à prendre, such as grazing rights, are an important aspect of property law. These rights allow individuals to take resources from another person's land and can exist as either legal or equitable interests. Understanding the creation and enforcement of such interests, particularly the role of the Doctrine of Notice in equitable profits, is crucial for property transactions and land use.

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