Legal Definitions - Mesne Profits

Mesne Profits refer to the compensation a property owner can claim from someone who has unlawfully occupied or used their land without permission. This compensation covers the losses the owner incurred due to the trespasser's unauthorized presence, including the value of the land's use, any income or benefits the trespasser derived from it, or any damage caused during the period of trespass. Essentially, mesne profits aim to restore to the rightful owner the financial benefits or value they would have received from their property had it not been for the unlawful occupation.

Here are some examples to illustrate how mesne profits might apply:

• Commercial Lease Holdover: Imagine a small business, "The Daily Grind Cafe," whose lease for its storefront expires on December 31st. Despite receiving proper notice and having a new tenant ready to move in on January 1st, The Daily Grind Cafe refuses to vacate the premises until January 15th. During these two weeks, the landlord loses potential rental income from the new tenant.

  In this scenario, the landlord could seek mesne profits from The Daily Grind Cafe for the period of unlawful occupation (January 1st to January 15th). This claim would typically be based on the fair market rental value of the storefront for those two weeks, compensating the landlord for the income they were deprived of due to the cafe's unauthorized stay.

• Unauthorized Use of Vacant Land: A developer owns a vacant parcel of land zoned for future residential construction. A neighboring construction company, without permission, uses a portion of this vacant land for several months to store their heavy machinery, building materials, and employee vehicles, effectively turning it into a temporary staging area for their own project nearby.

  The developer could claim mesne profits from the construction company. This would compensate the developer for the value of the unauthorized use of their land for storage and staging, reflecting what the developer might have charged for such a temporary lease or the fair rental value of that portion of the property during the period of trespass.

• Agricultural Land Encroachment: A farmer owns a large field where they cultivate organic vegetables. A neighboring farmer, due to an unclear property boundary, mistakenly extends their irrigation system and plants a row of corn on a strip of the first farmer's land. The corn grows and is eventually harvested and sold by the trespassing neighbor before the true boundary issue is discovered.

  The first farmer could claim mesne profits from the neighboring farmer. This would cover the value of the crops unlawfully grown and harvested from their land, representing the profit or benefit the trespassing farmer gained from using the land that rightfully belonged to the first farmer.