Ownership confers a bundle of rights, several of which are qualified by the need for approval
A worked RES examination question on ownership bundle of rights, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.
The question
A registered proprietor of a terrace house wishes to understand precisely what he may do with it without asking anybody's permission, having become frustrated during a renovation. He may occupy it, let it out, sell it, mortgage it, and leave it by will, and has done several of these over the years without difficulty. He may not build a second storey without approval, nor change its use from residential to commercial, and has recently been refused on the first of those. He asks his agent whether he can properly be said to own the property at all.
Which statement most appropriately describes his position?
The answer, and why
Answer: A
The rule. Ownership confers a bundle of rights, several of which are qualified by the need for approval. The rights are extensive but not unlimited.
Why A is correct. Extensive but qualified.
The other options.
- B denies real rights
- C dismisses planning approval as a formality
- D invents a division between building and land.
Exam note. The right answer here is the moderate one, which is unusual and worth noticing.
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