Legal Definitions - trespass for mesne profits

Trespass for mesne profits refers to a legal claim made by a property owner to recover the income or value that a wrongful occupant gained from their property during the period of unauthorized possession. This claim typically follows a successful legal action to remove the occupant (an "ejectment" action), allowing the true owner to seek financial compensation for the time they were deprived of their property's use and any profits generated by the wrongful occupant.

• Scenario 1: Overstaying a Lease
  

  A tenant's lease for a residential apartment ends, but they refuse to move out for several months, despite the landlord's repeated requests. The landlord eventually obtains a court order for eviction and successfully removes the tenant.

  Explanation: After successfully regaining possession, the landlord can file a claim for "trespass for mesne profits" to recover the rent that *should* have been paid during the months the tenant wrongfully occupied the property. This compensates the landlord for the income they lost and the use of their property they were denied.

• Scenario 2: Unauthorized Commercial Use
  

  A property owner discovers that a neighboring business has been using a vacant portion of their undeveloped commercial lot as an overflow parking area for its customers for over a year, charging a small fee for parking. The owner successfully sues to have the business cease its unauthorized use and vacate the property.

  Explanation: The property owner could then pursue a claim for "trespass for mesne profits" against the business. This would seek to recover the parking fees collected by the business, or at least the fair market rental value of the land for the period it was used, compensating the owner for the profits generated by the wrongful occupant from their property.

• Scenario 3: Resource Extraction on Disputed Land
  

  Two landowners have a long-standing dispute over the exact boundary line between their properties. One landowner, believing a section of forest to be theirs, harvests and sells timber from that disputed section. The other landowner eventually wins a legal battle confirming their ownership of the forested section and successfully removes the first landowner's operations.

  Explanation: The victorious landowner could then bring a claim for "trespass for mesne profits" against the other party. This would allow them to recover the value of the timber that was wrongfully harvested and sold, representing the profits or benefits the other landowner derived from property that was not theirs.