Vendor may also put limitations on the kind of conduct that

Constitutes acceptance. A buyer may accept that offer by

Performing the acts the vendor will treat as acceptance. And that,

Concluded the Court, is what happened. ProCD proposed a

Contract that a buyer would accept by using the software after

Having an opportunity to read the licence at leisure. This

Zeidenberg did. He had no choice, because the software displayed

the licence on the screen. It wouldn't let him proceed without

Indicating acceptance. Zeidenberg also had the opportunity to

Reject the contract if he found the terms unacceptable by simply

Returning the software. Instead, he decided to use it. So, the court

Reasoned, he was bound by its terms.

Unit 10

Listening 1

,

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 easernents: temporary and permanent. Temporary

Easements are granted for a definite period of time. The

Reason for this might be to allow access to property 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 easernents 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 rnove on to the second type of easement, the prescriptive

easement. This refers to the right to 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 rneans that the use has to 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 to the third type, the easernent 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

Date: 2015-12-11; view: 984