Proprietary vs. Personal Rights in Law

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Questions and Answers

What do we call a right that subsists in relation to the property?

  • Right in rem (correct)
  • Right in personam
  • Proprietary right
  • Personal right

In National Provincial Bank v Ainsworth (1965), a wife's right to live in the former matrimonial home was determined to be:

  • Proprietary enforceable by the wife only against the husband (correct)
  • Personal enforceable by the wife against the bank
  • Purely personal enforceable by the wife against anyone
  • Proprietary enforceable by the wife against the bank

What is a central feature of proprietary rights?

  • They can only be enforced by individuals
  • They are temporary and have no long-lasting impact
  • They endure ownership changes affecting the property (correct)
  • They can never bind the land or property

In terms of leasehold estates, what distinguishes a tenant on a lease from a licensee?

<p>A tenant's right is effective on the land irrespective of ownership changes while a licensee's is not (C)</p> Signup and view all the answers

What type of estate gives the right to use and enjoy land exclusively for a specified period of time?

<p>Leasehold estate (A)</p> Signup and view all the answers

What type of tenancy allows for termination at any time?

<p>Tenancy at will (A)</p> Signup and view all the answers

What is the most prominent right acquired by prescription?

<p>Right of easement (A)</p> Signup and view all the answers

What is the reasoning behind the law of prescription?

<p>To establish a presumption of grant (A)</p> Signup and view all the answers

What is the effect of a successful prescriptive claim?

<p>It extinguishes the right of ownership of the land in favour of the claimant (B)</p> Signup and view all the answers

What are the three methods of establishing prescription at common law?

<p>Use without secrecy, use without force, and use without permission (B)</p> Signup and view all the answers

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