“Mesne profits” (pronounced like “mean”) is an old term, but the idea is simple: compensation for unlawful occupation of property. When someone stays in a house or shop without a legal right – for example, after tenancy has ended, or after losing an ownership case – they may have to pay mesne profits to the rightful owner.
Courts look at what a reasonable person could have earned from that property during the period of wrongful possession. That may be based on market rent, location, condition of the building, and rates for similar properties in the area. It is not just about actual rent received, but about the potential income that the owner was deprived of.
Often, there are two stages:
- Suit to decide who is the real owner / who has the better right,
- Enquiry into mesne profits for the period of wrongful occupation.
In some cases, courts also add interest, especially where the occupier acted in bad faith or dragged the matter unnecessarily.
For owners, the key is to prove market rates through broker evidence, rent agreements of nearby properties, or expert valuation. For occupants, it’s important to show any good-faith belief they had in their right, and challenge exaggerated claims.
Mesne profits remind people that keeping someone’s property without permission is not “free parking”; there can be a real financial consequence.