Chapter 1 Key facts checklists

Introduction: proprietary rights

Proprietary rights govern your ability to use and enjoy both land you physically possess and land physically possessed by others.
Proprietary rights are rights in the land itself which makes them capable of enduring changes of ownership to the land.
Whilst technically all land is owned by the Crown, holding an estate in land, and in particular a freehold estate that gives you rights to possess, enjoy, and use the land forever, is tantamount to actual ownership.
Holding an estate in land gives you rights to possess, enjoy, and use the land beyond just the physical surface area of that land.
Apart from an estate in land, the other type of proprietary right that exists is an interest in land.
Whilst an estate gives you a slice of time during which you are entitled to use and enjoy land you physically possess, an interest gives you rights to use and enjoy land physically possessed by another.
Proprietary rights can be either legal or equitable in status.