Proprietary Rights in Land Flashcards
What is land law primarily concerned with?
A) The physical land itself
B) The rights that exist in land
C) The economic value of land
D) The environmental impact of land use
B) The rights that exist in land
Which of the following is a proprietary right in land?
A) A guesthouse booking
B) A right of way (easement)
C) A postal worker delivering mail
D) A license to use a library
B) A right of way (easement)
Which type of right can be enforced against third parties (new landowners)?
A) Personal right
B) Proprietary right
C) Contractual right
D) Equitable right only
B) Proprietary right
What is the legal remedy for someone deprived of a personal right in land?
A) They can recover possession of the land
B) They can claim damages only
C) They can remove the new landowner
D) They have no remedy
B) They can claim damages only
Which of the following always has proprietary status?
A) A right to sit in a university library
B) A mortgage over a property
C) A licence to cross a private garden
D) A short-term rental agreement
B) A mortgage over a property
Which fixed list right allows someone to restrict how land is used?
A) Easement
B) Restrictive covenant
C) Leasehold estate
D) Estate contract
B) Restrictive covenant
Which of the following rights is always personal in nature?
A) A leasehold estate
B) A mortgage
C) A postal worker’s right to cross land
D) An easement
C) A postal worker’s right to cross land
What must a proprietary right usually have to be enforceable against a third party?
A) Verbal agreement
B) Registration at HM Land Registry
C) A written contract only
D) A witness statement
B) Registration at HM Land Registry
Why is the fixed list of proprietary rights important?
A) It helps determine which rights can be enforced against third parties
B) It allows any right to be proprietary if the owner chooses
C) It lists every possible right that exists in land
D) It prevents any personal rights from being created
A) It helps determine which rights can be enforced against third parties
If a right meets the substantive characteristics but lacks the correct formalities, what happens?
A) It automatically becomes a personal right
B) It remains a proprietary right
C) It cannot be enforced
D) It is valid but unenforceable against third parties
D) It is valid but unenforceable against third parties
Alice has a lease on a shop for 10 years. Two years into the lease, the property is sold to Bob. Alice wishes to continue running her business in the shop.
What is Alice’s legal position?
A) Alice must vacate the shop as Bob is the new owner.
B) Alice has a proprietary right (a lease) that is enforceable against Bob.
C) Alice has a personal right that only binds the original landlord.
D) Alice can claim damages but cannot continue using the shop.
B) Alice has a proprietary right (a lease) that is enforceable against Bob.
📌 Explanation: A lease is a proprietary right on the fixed list and is enforceable against third parties if properly registered.
John has permission from his neighbour to park in the neighbour’s garage. The neighbour then sells the property to Sarah, who refuses to let John continue parking.
What is John’s legal position?
A) John has an easement, which is enforceable against Sarah.
B) John has a personal right, which does not bind Sarah.
C) John can take legal action to reclaim the parking space.
D) John has proprietary status automatically because he used the garage for a long time.
✅ Answer: B) John has a personal right, which does not bind Sarah.
📌 Explanation: A right to park may be an easement, but in this case, it was a personal permission (a licence), not a proprietary right, so it does not bind a third party.
A landowner grants a right of way over their field to their neighbour. The neighbour relies on this to access their property. Later, the landowner sells the field to a developer who blocks the right of way.
What is the correct legal position?
A) The neighbour has a personal right and cannot enforce it against the developer.
B) The right of way is an easement, which is enforceable against the new landowner.
C) The new landowner can block the path without consequences.
D) The neighbour can only claim damages but cannot reclaim the right of way.
B) The right of way is an easement, which is enforceable against the new landowner.
📌 Explanation: Easements are proprietary rights and can be enforced against new owners if properly registered.
A university allows students to use the library. A student claims this is a proprietary right and argues that they can enforce this right if the university changes its policy.
Is the student correct?
A) Yes, because they have been using the library regularly.
B) No, because the right to use the library is personal, not proprietary.
C) Yes, if they have registered their right at HM Land Registry.
D) No, unless they have owned the land for at least 10 years.
B) No, because the right to use the library is personal, not proprietary.
📌 Explanation: A library access right is a licence (a personal right), not a proprietary right.
Tom takes out a mortgage to buy a house. Later, Tom sells the house to Jake without repaying the mortgage. The lender wants to enforce their right over the house.
Who has priority?
A) The lender, because a mortgage is a proprietary right.
B) Jake, because he is the new legal owner.
C) Tom, because he originally bought the house.
D) The lender has no claim once the house is sold.
A) The lender, because a mortgage is a proprietary right.
📌 Explanation: Mortgages are proprietary rights and must be registered to bind future owners.
Emma owns a house with a restrictive covenant preventing her from building more than one house on the land. She sells the land to Liam, who wants to build an apartment block.
Can Liam ignore the restriction?
A) Yes, because it was a personal right of Emma.
B) No, because a restrictive covenant is a proprietary right and binds new owners.
C) Yes, because he is the legal owner now.
D) No, but only if Emma sues him.
Answer: B) No, because a restrictive covenant is a proprietary right and binds new owners.
📌 Explanation: Restrictive covenants are proprietary rights that run with the land if properly registered.
A farmer allows a postal worker to walk across his land to deliver mail. One day, he decides to revoke this permission.
Can the postal worker continue using the path?
A) Yes, because they have a proprietary right.
B) No, because they only have a personal right (a licence).
C) Yes, if they have used it for 10 years without interruption.
D) No, unless they take legal action.
B) No, because they only have a personal right (a licence).
📌 Explanation: The postal worker’s right is a licence, which is a personal right, not a proprietary right.
Mia has an agreement with her neighbour to use their shed for storage. There is no written contract or registration of the right. When the neighbour sells their house, the new owner refuses to let Mia use the shed.
Can Mia enforce her right?
A) Yes, because it is a proprietary right.
B) No, because it is a personal right and not enforceable against third parties.
C) Yes, if she proves she relied on the agreement.
D) No, unless the agreement was made before 1925.
B) No, because it is a personal right and not enforceable against third parties.
📌 Explanation: The agreement was not formally created as a proprietary right, so it remains personal.
A person buys land with an estate contract to purchase another property in the future. Before the purchase is completed, the landowner sells the property to someone else.
Can the original buyer enforce their contract?
A) Yes, if the estate contract was registered.
B) No, because they do not yet own the land.
C) Yes, because all contracts are proprietary rights.
D) No, because estate contracts only bind the original parties.
A) Yes, if the estate contract was registered.
📌 Explanation: Estate contracts can have proprietary status if properly registered.
A right to park a car may be an easement, but under what condition?
A) If it is granted by a written agreement and satisfies legal requirements.
B) If the landowner allows it casually for a long time.
C) If the car owner has parked there before.
D) If the local council agrees to it.
A) If it is granted by a written agreement and satisfies legal requirements.
📌 Explanation: Not all parking rights are easements—they must meet specific legal criteria.
