This document discusses the doctrines of fixtures and profit a prendre under Indian law. It defines fixtures as things attached to land that become part of the land based on two maxims - whatever is planted in the earth becomes part of the earth, and whatever is built into or attached to the soil becomes part of the land. There are exceptions if there is a contract stating otherwise. Profit a prendre is defined as the right to enter another's land to take something of value, like crops, minerals, or game. It must involve an interest in the land and relate to the produce or profits of the soil. Various cases are used to illustrate what constitutes a fixture or profit a prendre under Indian law.

1. DOCTRINE OF FIXTURES &
PROFIT A PRENDRE
By
Dr.Ashutosh Kumar Srivastava
Assistant Professor , Law Centre II,
MSc.(Botany) , CSIR-NET
LL.M,UGC-NET
Ph.D. In Law

2. DOCTRINE OF
FIXTURES

3. DOCTRINE OF FIXTURES -1
The Doctrine of fixture may explain and
understood with the help of two maxim , which
may clarify the ownership issues.
1. Quicquid plantatur solo, solo credit, :- means
whatever is planted in the earth, becomes part
of the earth , and conscequently whoso ever
ownes that piece of earth will also own the
things planted.

4. DOCTRINE OF FIXTURES-2
2. Quicquid inaedificatur solo, solo credit. :-which
means what so ever is built into or embedded into
or attached to soil become part of earth and
consequently , whoso ever is the owner of that
piece of land will also become the owner of the
thing attached built in or embedded.

5. DOCTRINE OF FIXTURES
The application of these doctrines is subject to
two exceptions.
1. These apply only when there is no contract to
the contrary
Example: On the land belonging to A, B installs a
pump and machinery to draw water. These
are fixed to the earth with the help of
construction of cement foundation . The
contract between A and B Stipulates that the
ownership of pump and michinery will

6. DOCTRINE OF FIXTURES
2. Trade fixture fixed by tenant , the term trade
fixture refers to all those things attached or
affixed by a tanent on the land of other, which
are necessary for him for the purpose of
carrying on his trade.
Example : A, owner of a piece of land gives it to B
, who is in banking business. Along the cabin
of cashier , he installs heavy iron gates that
are embedded in earth . Even if there is no
contract to contrary , the ownership of iron

7. Indian Law relating to fixture.
English Law does not apply in India but with
some modifications can be apply in India .
In India there are two rules that determine the
entitlement issues , with respect to the things
attached to or embedded in earth by a person
other than owner.
These rules are apply only when this person was
in lawful occupation of the property and was not a
trespasser.

8. Indian Law relating to fixture.
1. He is entitlement to remove the attachment if
he vacates the premises provided he leaves
the land in the same state as it was previous to
attachment.
2. If he follows the attachment or improvement to
remain on the land of owner, so that owner
derives a benifit from it , he is entitle to
compensation for the value of attachment , or
improvement

9. Test for fixture
1. Mode of Attachment :
2. Intention of Attachment
3. By whom attached

10. First Test -Mode of Attachment
Things Attached and consequences of its
detachment. ( A machinery goes down in earth
because of its sheer weight is movable )
If a Thing in attaching some external Aid is
required , or construction of foundation required
or it fixed with the floor with the help of nuts and
bolts the presumption will be that it become part
of earth .
How easily an object can be remove without
damage can also be consideration.

11. Second Test -Intention of
Attachment
Though the consequences will depend upon the
fact and circumstances of each case.
Intention to fix for a long period : presumption is
object fixed permanently ( immovable property)
Intention to fix for short period : Presumption is
object fixed temporarily and it would be chattel

12. Third Test -By whom attached
Nobody want to make permanent improvement
of land belongs to some other person
If the attachment by the owner of land ,
presumption would be very strong that
attachment has become a fixture.
If attachment by someone else other than
owner like tenant , licensee or mortgagee , the
presumption would be that it is still chattel.

13. DOCTRINE OF FIXTURES
Looms attached to the earth and floore of a
worsted mill were fixture (Holland vs
Hodgson1872.)
Certain valuable tapestries affixed by a tenant
to the wall of the house for the purpose of
ornament and for better enjoyment of them as
chattel has not become part of house , therefore
retain as their character as chattel (Leigh Vs
Taylor, 1902, AC, 167-167)

14. PROFIT A
PRENDRE

15. Benefit Arising out of Land
(Profit a Prendre)
Expression Profit a Prendre connotes what in
Indian Property Law is known as the benifits
arising out of Land
Where a person using his land makes a profit, the
right will be right in immovable property.
For Example : A person has a vacant piece of
land , every year during the festival season he
uses the land for holding a fair, and for this
purpose he charges INR 1000, from each Stall-
holder, this right to collect charge from Stall-

16. Benefit Arising out of Land
(Profit a Prendre)
In this example Profit that he makes using his
land and therefore a right in immovable Property.
In other similar cases
A right to take out by digging manure and
rubbish accumulated in specific trenches and
drains and carry away is a benifit arising out of
land ( Hazi Sukhan Beg vs Board of Revinew,
AIR, 1979. All 310)
An arrangement To remove soil and earth from
the Land and leval the plot after removal of soil is
an arrangement in relation to immovable

17. Benefit Arising out of Land
(Profit a Prendre)
A right to enter the Lake and catch fishes for a
period of five year ( Anand Behara vs State of
orissa, AIR 1956, SC 17.
Right to catch a fish from the tank for the period
of more than a year is right in immovable
property. ( Santosh jaiswal Vs state of MP, AIR
1996)
Right to hold a fair one’s own land (Ganpati vs
Ajmer , 1955,)
Right to receive future rent and profit from land

18. Profit a Prendre
(Essential Elements)
In order to be a profit a Prendre two things are
necessary:-
1. The Person claiming must have interest in the
Land
2. It must be in relation to Produce or Profit of
the soil

19. Meaning & Nature
As Per Halsbury’s Law of England : Profit a
prendre is right to take something off another
person’s Land It may be more fully defined as a
right to enter another’s Land and to take some
profit of the soil or a portion of a soil itself , for
the use of owner of the right .
Profit a prendre is an interest in land , and for
this reason any disposition of it must be in writing

20. Meaning & Nature
Profit a prendre which gives a right to
participate in a portion only of some specified
produce of the Land is just as much an interest in
the land as a right to take the whole of that
produce.

21. Subject Matter of Profit a prendre
It may be the substance which the owner of the
right is by virtue of right entitle to take , may
consist of Animal , including fishes and fowl ,
which are on the land or of vegetable matter
growing or deposited on the land by some agency
other than that of man or any part of the soil itself
, including minerals accretion on the soil by
natural forces.
The right may extend to the taking of whole of
such animal or vegetables , or merely a part of

22. Subject Matter of Profit a prendre
Right have established as profit of prendre to
take branches of growing tree fresh water fish ,
stone sand ,ice from canal, also the right of
pasture and of shooting pheasants . Right to
take animals ferae naturae while they are upon
the soil belongs to the owner of the soil, who
may grant to others as a profit a prendre right to
come and take them by grant of hunting ,
shooting and so on

23. Thank you