Does a timber licence constitute an interest in land?

British Columbia, Canada


The following excerpt is from Malamute Recreations ltd. v. Outdoor Adventures @ Whistler ltd., 1999 CanLII 5746 (BC SC):

Mr. Justice Hall referred to other authorities and concluded that a timber licence amounted to an interest in land. He quoted from the decision of Justice Wood in Anderson v. Rolandi Brothers Logging Co (1995), 17 W.W.R. 119 (B.C.S.C.) where at pp. 120-1 Mr. Justice Wood said the following: The rights conferred are, I find, an interest in land for the definition includes hereditaments and a right to cut timber is an incorporeal hereditament being a profit à prendre. As stated in Halsbury, 2nd ed., vol. 11, p. 381: A profit à prendre is a right to take something off the land of another person. It may be more fully defined as a right to enter the land of another person and to take some profit of the soil, or a portion of the soil itself for the use of the owner of the right. Profit à prendre is an incorporeal hereditament. It is so stated in vol. 27 of Halsbury, 2nd ed., p. 607: 1075. Incorporeal hereditaments include rights in land which are not accompanied by exclusive possession; these are seigniories, franchises, profits à prendre, advowsons, rent charges, rights of common, and, possibly, easements.

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