Legal Definitions - Mesne

The term Mesne refers to something that is intermediate or intervening, meaning it occurs in the middle or between two other points, stages, or parties.

While historically used in various legal contexts to describe an intermediate position or action, its most common modern application is in the phrase mesne profits.

Mesne profits are the income, benefits, or value derived from land or property by someone who has been in wrongful possession of it. These are the profits accumulated during the intervening period between when the rightful owner was dispossessed and when they regain possession. The rightful owner can sue to recover these profits, compensating them for the loss of use and enjoyment of their property during the period of wrongful occupation.

Here are some examples illustrating the concept of mesne profits:

• Commercial Lease Overstay: A commercial tenant's lease expires, but they refuse to vacate the premises for several months, continuing to operate their business and generate revenue. The landlord, after successfully evicting the tenant, can sue for mesne profits. This claim would cover not only the unpaid rent for the period of wrongful occupation but also any additional profits or benefits the tenant gained from using the property beyond the lease term. The wrongful occupation represents the "intermediate" period during which the landlord was deprived of their property's use and income.

• Property Boundary Dispute: Two neighbors have a long-standing dispute over a narrow strip of land between their properties. One neighbor, believing the land is theirs, erects a small storage shed on the strip and uses it for a year. A court eventually rules that the strip of land rightfully belongs to the other neighbor. The rightful owner can then claim mesne profits, seeking compensation for the value of the use and occupation of that land by the shed-building neighbor during the year of wrongful possession. This compensates for the "intervening" period the rightful owner could not use their land.

• Post-Foreclosure Occupation: After a property is legally foreclosed upon and sold at auction, the previous owner refuses to move out for several months, continuing to live in the house without paying rent or mortgage. The new owner, once they gain possession, can sue the former owner for mesne profits. This claim would seek to recover the fair market rental value of the property for the entire period the previous owner wrongfully occupied it after the sale, representing the "intermediate" time the new owner was denied their property's use and income.