Proprietary Rights and Land Ownership Quiz

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Questions and Answers

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?

  • 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?

  • 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?

<p>Rights to all natural resources within the land (A)</p> Signup and view all the answers

What is a distinguishing factor between proprietary and personal rights over land?

<p>Enforceability against third parties (A)</p> Signup and view all the answers

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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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