Exercise 7. Listen and answer these questions.

Now, I'd like to move on to another topic which you'll surely encounter in your work as estate agents. I'm going to tell you a bit about the principal types of easements In our Jurisdiction. First, allow me to define the term: an easement is the legal right of another to use part of your property.

Generally speaking, we distinguish between two fundamental types of easements: temporary and permanent. Temporary easements are granted for a definite period of lime. The reason for this might be lo allow access to properly during construction, for example. The second kind of easement, a permanent easement, lasts for an indefinite period, as the name suggests. Permanent easements can be classified into three common types. These three are the easement in gross, the prescriptive easement and the easement appurtenant. Permanent easements are always recorded on the deeds and survive any sale of the property.

I’ll begin with the first type. the easement in gross, which is also the most common. The easement in gross only involves one property, the property subject to the easement. This type includes those easements which are given to a quasi public corporation, such as the electric or phone company. An easement in gross is usually recorded in the public records when a piece of land is sub-divided.

Let's move on to the second type of easement the prescriptive easement. This refers to Die right lo use another's property that is acquired by what is known as an open, notorious and continuous' use. Open use means that the use is obvious and not secretive, while notorious means that the use has lo be clearly visible. The use of the land also must have been continuous for the statutory period, which is 20 years in our jurisdiction.

Finally. I'll come lo the third type, the easement appurtenant. When an easement benefits an adjoining property, such as for a driveway or walkway, we call it an easement appurtenant. This type of easement is usually recorded when a sub-division is created by dividing a property into two or more smaller lots. One important sub-type of an easement appurtenant is called an 'easement by necessity'. This is created to reach a landlocked property, which does not have access to a public road.

What are the legal issues connected with easements? What kinds of disputes can occur and how can they be avoided? Well, we can distinguish three types of dispute which often occur...

1.What is the purpose of a temporary easement?

2. Explain what is meant by open, notorious and continuous use.

3. What does an easement by necessity refer to?

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