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10 Questions

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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?

A tenant's right is effective on the land irrespective of ownership changes while a licensee's is not 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?

Leasehold estate Signup and view all the answers

What type of tenancy allows for termination at any time?

Tenancy at will Signup and view all the answers

What is the most prominent right acquired by prescription?

Right of easement Signup and view all the answers

What is the reasoning behind the law of prescription?

To establish a presumption of grant Signup and view all the answers

What is the effect of a successful prescriptive claim?

It extinguishes the right of ownership of the land in favour of the claimant Signup and view all the answers

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

Use without secrecy, use without force, and use without permission Signup and view all the answers