Land 1

Question 1

Land (real property: not consumed/produced/moved/lost)

Answer 1

Personal property - everything else (cars, books, shares)

Question 2

Proprietary right in land

Answer 2

Enforceable by action in rem (can be recovered)
Can be enforced against third party

Question 3

Personal right in land

Answer 3

Only enforceable by personal action for damages if breached (use/occupation cannot be recovered)
Only binds original parties to the right (not third parties)

Question 4

Fixed list of proprietary rights in land

Answer 4

Freehold/leasehold
Easement
Mortgage
Restrictive covenant
Estate contract
Beneficial interest in a trust of land

Question 5

Determining whether proprietary/personal right in land

Answer 5

1. Is it on fixed list of recognised proprietary rights?
2. Nature - does it have substantive characteristics of particular proprietary right?
3. Creation of a right- has been created/acquired with the correct formalities?
4. Protection of the right- if proprietary, is it capable of being enforced against 3rd parties (registered?)