Podcast
Questions and Answers
Which of the following statement about proprietary rights is FALSE?
Which of the following statement about proprietary rights is FALSE?
- Proprietary rights include rights which govern a person's ability to use and enjoy land
- A person granted a personal right is only able to enforce that right against the person who granted it
- A person granted a proprietary right can enforce that right against the original grantor and, in some circumstances, any other person who comes to the land over which the right is exercised
- All rights exercised in relation to land have proprietary status only (correct)
Which of the following statement about a person's rights over a piece of land is FALSE?
Which of the following statement about a person's rights over a piece of land is FALSE?
- A person's rights over a piece of land extend to the ground below the surface area
- A person's rights over a piece of land include rights over the physical surface area of the land
- A person's rights over land extend to wild plants growing on that land
- A person's rights over a piece of land extend to only the lower airspace above the physical surface area of that land and limit to the height of a person (correct)
Which of the following is a characteristic of personal rights over land?
Which of the following is a characteristic of personal rights over land?
- They include rights to use and enjoy the land
- They are transferable to a third party without consent
- They are permanent and cannot be revoked
- They are only enforceable against the person who granted it (correct)
Which of the following is NOT included in a person's rights over a piece of land?
Which of the following is NOT included in a person's rights over a piece of land?
What is a distinguishing factor between proprietary and personal rights over land?
What is a distinguishing factor between proprietary and personal rights over land?
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Study Notes
Proprietary Rights vs Personal Rights over Land
- Proprietary rights refer to a person's rights over a piece of land as an owner
- Personal rights over land, on the other hand, are rights that can be enjoyed by a person without owning the land
- A characteristic of personal rights over land is that they are limited and can be terminated
- A person's rights over a piece of land typically include the right to use, occupy, and possess the land, but may not include the right to sell or transfer ownership
- A distinguishing factor between proprietary and personal rights over land is the level of control and permanence of the rights, with proprietary rights generally being more comprehensive and long-term
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