UNIT II. THE RIGHT TO HOUSING.

READING:
Desperately seeking a home,
Introduction to Property Law,
An aspect of real property,
Statutory conditions,
Quiet enjoyment,
Reference email
LISTENING:
Easements,
A House to Rent,
Understanding a lease or tenancy agreement,
A House to Buy
SPEAKING:
Squatting,
Easements,
Renting an apartment,
Case discussion
WRITING:
Describing a firm's practice areas,
Summarizing and requesting
GRAMMAR:
Review of grammar tenses,
Passive Voice

Starter. 1. What do these quotations mean? Which do you agree with? Do you have any
favourite quotations of your own?
2. Which quotations do you find relevant to today’s world or your own life? In what ways?
Discuss with your partner and with your group.

A man should keep his little brain attic stocked with all the furniture that he is likely to use,
and the rest he can put away in the lumber room of his library, where he can get it if he
wants it
Arthur Conan Doyle

Go around asking a lot of damfool questions and taking chances. Only through curiosity
can we discover opportunities, and only by gambling can we take advantages of them.

Don’t be afraid to give up the good to go for great.

2.1. INTRODUCTION TO PROPERTY LAW

ARTICLE 47 OF THE CONSTITUTION OF UKRAINE

 Every person has the right to housing. The State creates the conditions for each
citizen to have the opportunity to build housing, purchase, or lease it.
 No person can be forcibly deprived of housing in any way other than by court
decision on the basis of law.

Listening 1 A. SQUATTING
Pre-listening task. You are going to listen to a part of a current affairs programme on TV.
First, read statements 1-10. Then, as you listen, decide whether these statements are true
or false.
1. Tim Ellis has a good job.
2. Tim now owns the house he lives in.
3. The house belonged to the private owner who had forgotten about Tim living in it.
4. Tim has paid a small amount of rent over the last 16 years.
5. The council did not remember that the house was once theirs.
6. Tim is entitled to own the house if he has lived in it for more than 20 years.
7. Tim lived in a small bedsit.
8. The council wants Tim to apologize to them.
9. Tim’s case has encouraged others to do the same.
10. The radio programme is looking into what people feel about this case.

Post-listening task. Explain the meaning of the following words and expressions from the
programme.
1. local council house
2. council tax
3. a terraced house
4. to be squatting
5. to be entitled to own a property
6. slip through the net
7. to be queuing
8. to live somewhere illegally
9. claim ownership
10. small rented bedsits

Listening 1 B. Read sentences 1-4, then listen to someone talking about Tim and complete
them.

1. According to the speaker, if it is all right for Tim to own a home, the world has
…………….
2. Tim’s house could provide a home for …………………………………..
3. There are many …………………… who need the house more than Tim.
4. Perhaps we should all …………………………………… and refuse to pay rent.

Listening 1 C. Read questions 1-4. Then listen to a third person’s opinions. As you listen,
choose the best answer, a, b or c.

1. How does the speaker think that most people react to Tim’s situation?
a) They would like to do the same.
b) They are angry.
c) They are sympathetic towards him.

2. She blames the situation on

a) the unfair legal system.
b) the squatter.
c) the council.

3. She sees Tim as someone who

a) has good business sense.
b) has acted illegally.
c) should be criticized.
4. The council
a) didn’t check if Tim had left.
b) ordered Tim to leave.
c) ordered Tim to leave but didn’t supervise the execution of their order.

Listen again this part of the programme and find words from it with the following
meanings.

1. Tim is not to blame. It’s not Tim’s f…………

2. a time by which something must be done: d……….
3. suffering the results: pa……………… the pr…………………
4. not to lose the chances to do things you would like to: to t………… a………… of
o…………
5. to suggest some incentives to people to do something: to e……………………

Listening 1 D and Speaking 1.

Read the following dialogue, then listen to the recording, fill in the gaps and act it out with
your partner.

Suggesting alternatives
Ann: What can we do about the homeless?
Jeff: (1) …………………… the government (2) …………………… more shelters with
food and accommodation (3) ……………………… people off the streets?
Jill: But (4) ……………. the government provided more cheap permanent housing.
Hostels are just a temporary solution.
Ann: And what about unemployment?
Jill: Well, the government (5) …………………………….. to stay in education longer.
Jeff: But that would be very expensive. (6) ………………………………. would be to
encourage people to look for jobs elsewhere.

Reading 1. DESPERATELY SEEKING A HOME

Key vocabulary: squatting, edge, housing association, to evict, co-operative, to occupy,

landlord, a court action, to force his way into his property, a criminal record, a fine, the
bailiffs, the “Old Dolehouse”, mod cons, housing policies, homelessness, in their right
mind, secure homes.

Living without permission in another person’s property – squatting – is relatively common

in Great Britain. But a proposed new law would change all that. Martin Bright, who once
squatted in London, reports.
It’s your worst nightmare: you arrive back home after work or a holiday to find that
someone else has moved into your flat or house. They play their music loudly on your
stereo, sleep in your bed and make a dreadful mess. And they refuse to leave. This is what
many people understand by the term “squatting”.
The reality is usually different and much less dramatic. After leaving university, I squatted
in a house in north London with some friends. We didn’t have much money and we were
given the idea by the next door neighbor, a respectable doctor and his teacher wife. It was a
beautiful old house on the edge of a park, owned – and left to rot – by a housing
association. The old lady who used to live there had died and, as the doctor said, it seemed
crazy that a big house should be empty when people could be living there. We decorated
the house and, although there was no hot water, we managed to make a comfortable home
for ourselves. We were eventually evicted, but the courts strongly suggested that the
housing association shouldn’t leave its property empty. A co-operative subsequently took
over the house and there are people living there still.
Since the 1960s, squatting has become relatively common in Britain. People (most of them
young) who can’t afford a place to live occupy a building left empty by a private landlord
or the local housing authority. At present, squatting in empty properties is illegal but it’s
not a crime. Getting a squatter out of a property is a long procedure involving a court
action. And while this is happening, the owner is not allowed to force his way into his
property.
Now the British government is hoping to introduce a law which would make life more
difficult for squatters. The proposed Criminal justice and Public Order Bill would allow
courts to order squatters to leave a property within 24 hours. If they didn’t, they could be
given a six-month prison sentence (and therefore a criminal record) or a fine of up to
£5,000. It would also give police or the representatives of the courts – the bailiffs – more
powers to break into property to evict squatters.
Squatters in Britain have formed groups to publicise what they call the Criminal Injustice
Bill. One of these groups, The Freedom Network, which links squatters to other groups
affected by the legislation like travelers, is based in a disused unemployment benefit centre
in south London. As well as being a base for the Network, the “Old Dolehouse”, as it is
known, is also used as a community centre. It houses an arts company and a café, where I
talked to Anna and Tom, squatters and members of the Freedom Network. Neither of them
look like dangerous people to me – certainly not a threat to civilized society.
Both Anna and Tom only started squatting because they had little alternative. Anna moved
to London last March. She couldn’t find work and, with no money, chose to squat, rather
than sleep on the streets. She now lives in a comfortable flat with a garden, hot water and
all mod cons. Tom used to work for a charity which organized aid to the developing world.
But after spending some time in hospital, he too found himself without any money. Luckily
for him, he found an empty house.
“There are thousands of empty properties,” says Tom. “But the local authorities and the
national government have very bad housing policies. They aren’t matching up the people
who don’t have houses with the empty homes.”
Homelessness in the UK has become a very serious problem: visitors to London will see
young people begging and sleeping on the streets. However, there are nearly 900,000
empty properties in Britain.
Anna recognizes that the general public often dislikes and is afraid of squatters: “A woman
told me that squatters have moved in next door to her and it’s the worst thing that has ever
happened to her: they are noisy and have lots of noisy parties. Bur if I’d moved in there,
she wouldn’t even have noticed. You shouldn’t tar everyone with the same brush.”
As for coming home from holiday to find your house squatted, Anna believes this doesn’t
really happen: “No one in their right mind would squat a place where they knew the
owners were on holiday. They would be evicted straight away. We are looking for
somewhere we can live in for a while – secure homes for people with no more. People
should remember that many of those who squat are really quite desperate.”
Tom is particularly concerned about the effects of the proposed new law on some of the
weakest members of Britain society: “it’s going to be very worrying for people who may
be mentally ill, have had big emotional problems or who have no money. That’s not the
sort of group that needs to be attacked. We want to see those sort of people helped.”

Ex. 1. Find in the text words or expressions with the following meaning.
1. Very unpleasant situation, bad vision while sleeping
2. To live in some other’s property without the permission of the owner
3. Awful
4. Exciting, interesting
5. To become covered with fungus, ruined (about a house)
 6. Organization which owns houses and helps its members to rent or buy them more
cheaply than usual
7. The place where something ends, the most distant part of the park
8. Officially force someone to leave the place where they are living
9. Business or organization which is owned by the people who manage it. They then
share its benefits and profits
10. To live in a house, to reside, to inhabit
11. The owner of the flat or a house
12. Unlawful, illicit
13. Lawsuit, litigation, case
14. Sum of money which someone has to pay as a punishment
15. Money that some people receive from the state when they are unemployed
16. Slang term for the government office where unemployed people collect benefits
17. A society with an advanced level of social organization
18. Facilities in the house such as hot water and heating that make it pleasant to live in
19. To stand in the street asking passers-by to give them some money
20. Accuse someone of having the same fault as someone else
21. Mentally normal

Speaking 2. Divide into three groups. The first group reads stories A, of the people whose
houses were squatted, discusses this problem, prepares a short speech against such fact as
squatting, gives reasons of people’s negative attitude to squatting and suggests the legal
ways out. The second group reads stories B, of the people who were squatting, discusses
this problem, prepares a short speech for such fact as squatting, gives reasons why people
have to squat and suggests the legal ways out. The third group reads story C, the advice to
the squatting people from a lawyer, discusses this problem, prepares a short speech on
behalf of a lawyer, telling squatting people how avoid being prosecuted and become the
owner of the land or a house they are squatting in.

A. PEOPLE WHOSE HOUSE HAS BEEN SQUATTED:

Simon Gould, Brighton: "Having had a buy-to-let property squatted while empty for one
week between tenancies I feel very strongly that squatting should be criminalised. I had the
expense of losing rent, paying for alternative accommodation for the rightful tenants,
replacing beds, carpets and redecorating.
To cap it all I had to pay for the gas and electricity used by the squatters as well as the
council tax while the place was "empty". After then paying £3,000 to get them out via the
courts, they wandered across the street and broke in to another house. They were seen
doing this and the police were called, but they just said that the door had been left open and
the police left them to it. It's beyond belief that this has been allowed to continue so long
and high time it was stopped."
Linda Melbourne, Harberton, Devon: "My mother in law is 89 and has just found out
that her cottage in Harberton village has a squatter - she lives in London. She is in very bad
health and it does not take much to upset her now. The local police officer found out that a
squatter was indeed living there, but only after she received a final bill from the water
provider. It turns out he has put all the utility bills in his name.
We do not have a clue how to deal with this situation and, as the cottage is hers, it is very
hard for her to do much. Why do the scroungers and do-nothings in the country get all the
rights and the people that have worked all their life get nothing? Her husband was in
Auschwitz for five years in concentration camp. He recently died so she is very upset."

B. SQUATTERS:
Owen Llewellyn, London: "I squatted for 13 years and still have several friends who are
currently squatting. Let me reassure homeowners that we never want to squat someone's
home. We look out for abandoned properties that are definitely not other people's dwelling
places. The government should spend its money on renovating abandoned properties to
provide desperately needed housing rather than publishing childish scare-mongering
documents. There are several very effective laws that can be used to evict people in cases
of 'home invasion' situations. Most were introduced by the Tories in the 80s.
I have never come across any of these laws being used in practice because 'home invasion'
is extremely rare. The real crime here is the juxtaposition (співставлення) of homelessness
and empty houses. If we waited for the state to sort it out we'd be waiting forever.
Squatting is not a crime."
Graham Barbour, Oldham: "Despite having just finished producing a film on housing
conditions in Scotland - I found myself homeless in London in the 80s. Some other
squatters showed me how to find squats, and I was able to live and work in London for
several years. It is quite easy to evict squatters these days as a 24-hour notice can be
obtained and served by a bailiff. I would also point out that I was able to give housing to
several other homeless people during that period. Also, most of the YBAs (Young British
Artists) of that period (late 80s-90s) were active squatters. Their art is now worth
considerably more than some houses."

C. Ok, so you're squatting. Now what? How would you like to OWN the land
you're on?
The legal term for this process is called adverse possession (Concept in property law that
someone who stays on land belonging to another for a period longer than that prescribed
by the statute of limitations becomes the new owner of the land. In order for this to happen,
the adverse possessor's presence must be: actual; open, visible and notorious; exclusive;
continuous and peaceable), and it refers to the very legitimate proceedings by which a
squatter can take possession of the land and property they occupy - even if the owner of the
property title is alive, well and financially healthy.
The laws in Britain and the United States are very similar (though in the US they vary from
state to state - so watch out.) Adverse possession is asserted through a legal claim which,
depending on your locality, may be reviewed publicly in a court of law and validated by
that court. In order for a claim to succeed, the following general criteria must be met:
You (the squatter) must occupy the land in question for some magic number of years. In
Britain it is 12. In Ohio it is 21. You get the picture.
Throughout your occupancy, the legitimate land owner must know that you are there - in
fact you must be living there in a notorious fashion - that is, in a generally noticeable way.
No hiding in the woods.
You must not hold any occupancy contract of any kind with the landowner. This includes
leases, mortgages, land loans, including verbal agreements and informal contracts
regarding the land.
During the period that you claimed to occupy the land, the land owner must have never
taken any legal action to evict or remove you. If at any time during your occupancy the
owner decides to assert his rights, then your occupancy-time-counter is set back to zero.
However, if the landowner simply voices his disapproval, this is NOT considered to be an
assertion of his rights.
In some states, the owner MUST actively disapprove. In other words, you must be living
on the land in a state of adverse occupancy.
In Britain and some states, you must make active effort to demonstrate intent to possess the
land, such as mowing the grass, building fences, erecting a mailbox, etc.
In some states, you and the owner can have been on the land at the same time, in others,
the owner must be absent during your occupancy.
Usually, it is very difficult to pull off a claim of adverse possession if the owner fights it.
However in the case of abandoned property, special provision apply, and the process is
somewhat easier.
P.I.O. stands for PROTECTED INTENDING OCCUPIER (Sec. 7 of the 1977 Criminal
Law Act), someone who has a right to live in the premises and requires the premises to live
in, and has the necessary certificate or statement. They can get you out without going to
court.
A genuine P.I.O. is either a tenant or freehold owner of the premises. A tenant of a Council
or Housing Association must have a certificate proving their status. A freehold owner, or
tenant of a private landlord must have a statement signed before a justice of the peace or
commissioner for oaths. All PIOs must be able to move in straight away.
A P.I.O. does not automatically mean that you will be evicted. There are various legal
defences and arguments that can be used against P.I.O. proceedings.
Court Cases
At some point you will probably receive a summons to appear in court. Always turn up to
fight your case, particularly if it is the new Interim Possession Order hearing, which could
result in having only 24 hours to leave or face arrest. The owners are supposed to show that
they have a right to the place and you don't, and there are various ways of claiming that
they haven't proved it, haven't gone through the procedures properly etc.

Ex. 2. Render the following Ukrainian text in English. Give your opinion on the problem
from legal point of view.
Самозахоплення квартири. Євген Бєляков
Моє нове сімейство займало одну з квартир на другому поверсі триповерхового
будинку, побудованого на рубежі XIX і XX століть. Квартирою це було голосно
названо, так як загальний коридор, в якому стояло три газові плити і одна раковина з
холодною водою, заселяли три сім'ї. Дві кімнати з загальної площі належало
одиноким похилого віку старому зі старою. Ще дві або три літньому подружжю, яке
вічно здавало надлишки метрів курортникам із Закавказзя.
Ми ж: тесть з тещею, брат дружини з сестрою, дружина з маленьким сином і я, який
щойно приїхав з навчання, тулилися в третій всю площу якої складали три невеликі
кімнатки. Загалом, це була своєрідна комунальна квартира, яку, від класичної,
відрізняла відсутність загальної кухні, її замінював коридор, і туалету, ця розкіш
була на вулиці. В останній рік мого навчання, обидва старих, правда не пам'ятаю в
якій послідовності, непомітно перебралися в світ інший, не залишивши нікому
конкретно свого спадку.
Будинок, який вже років п'ятнадцять був в аварійному стані, підлягав зламу і
розселенню мешканців, тому порожня площа людей похилого віку за законом не
передбачала бути заселеною ким-небудь. Це і навело восени 1980 року нас
дружиною на думку про спадкоємство нічийної квартири, що складалася з двох
роздільних, але сполучених усередині дверима кімнат. Тим більше на права її
власників ми не претендували, а квартира ця була потрібна для того, щоб
розподілити всю нашу «ораву» на більшу кількість квадратних метрів.
Проте про порожню квартиру було відомо і в домоуправлінні, вона їм теж не давала
спокою на тлі загального дефіциту житла. Співробітники цієї організації, так само як
і ми, вважали, що несправедливо, коли житлова площа є порожньою. Правда, на
відміну від нас, що не претендували на це житло, їм доводилося напружувати мозки
міцніше, тому, що їх бажання задовольнити потреби тих, що мають потребу,
вступало в протиріччя із законодавством.
У змаганні загальних роздумів, ми виявилися і ближче до об'єкту домагань і
вправніше. Двері були розкриті, замки замінені і після генерального прибирання
вселилися. І хоча вікна виходили на вулицю, і шум від дороги спочатку заважав
спати, все одно було набагато зручніше, ніж раніше. Відразу відчувалася свобода від
сімейства, з'явилася можливість усамітнитися, лягти на ліжку, на якому не так давно
померла бабуся або дід, почитати, подрімати. А привиди померлих людей похилого
віку не з’являлися.
Правда, ближче до Нового Року з'явилися представники домоуправління з якимись
людьми кавказької національності, мабуть на предмет оглядин порожньої житлової
площі. Виявивши на ній мою дружину з дитям, вони влаштували скандал і зажадали
негайно звільнити приміщення. Через пару місяців представники домоуправління
з'явилися знову – погрози, обіцянки, емоційна розмова.
А навесні вони нагрянули у супроводі двох міліціонерів, яким дружина виставила
живий заслін в особі однорічного Дениса і сказала, що з точки зору закону ця
житлова площа нікому не належить і належати не може. Представники законної
влади знаходилися в замішанні, вирішення суду на наше виселення не було, тому
вони зайняли по відношенню до сторін, що сперечаються, нейтральну позицію.
Закінчившись нічим, ця зустріч з представниками домоуправління виявилася
останньою.
Восени 1981 року одружувався Женька, і нам довелося поступитися їм однією
кімнатою, що в принципі мене особливо не напружувало: по-перше, ця житлова
площа дісталася за дарма; по-друге, нам з дружиною і сином досить було і однієї
кімнати, адже це було тимчасовою незручністю, а через рік-півтора ми повинні були
отримати окремі квартири; по-третє, мені за великим рахунком було все одно,
оскільки основну частину часу я знаходився у відрядженні.

Reading 2.

Law may be broken into Criminal Law and Civil Law. Civil Law may be broken into
Property Law, Contract Law and Tort Law. Each of these three may be broken into law
and equity components. But it is Property Law which brings a need for the other many
types of Civil Law. It is the right of private property ownership which gives the need for
Property Law.
Thus Property Law asks:
 What are the respective, rights: ownership - possession - use, present or future,
contingent or certain, etc. of competing parties (that is: whose rights are the
higher)?
 Is the proof sufficient to tip the scales?
 What needs to be done to uphold or protect the rights?

REAL PROPERTY LAW

Key vocabulary: real property, personal property, tenements, hereditaments, freehold
estates, leaseholds, the fee simple, the fee tail, the life estate, the estate pur autre vie,
reversion, escheat, grantee/grantor, life tenant, remainderman, licence, easements,
usufructs, mortgages, landlord/tenant, decedent /heir, assignor/assignee, lessor/lessee.

English-speaking jurisdictions generally distinguish between real property and personal

property. Real property is a general term for land, tenements and hereditaments. On the
other hand, personal property refers to everything, which does not fall under the heading of
real property. This brief summary addresses key terms in relation to real property.
Real property can be divided into freehold estates and leaseholds. Freehold estates are
those whose duration is not determined. By contrast, the duration of a leasehold is fixed or
capable of being fixed. Essentially, there are four types of freehold estate: the fee simple,
the fee tail, the life estate and the estate pur autre vie.
As its name suggests, a fee simple refers to a whole interest in a piece of real property and
may pass through sale, inheritance or reversion, i.e. when the owner dies and there are no
persons alive who have the right of inheritance, the property reverts to the State. Reversion
is also referred to as an escheat. A fee tail is an inheritable estate, which lasts as long as
the original grantee or any of his descendants live. A life estate is an estate granted only
for the life of the grantee. When the life tenant dies, the remaindermen take possession,
or the reverts (see above). An estate pur autre vie is similar to a life estate, except that the
estate is granted for the life of someone other than the grantee.
A leasehold is generally created through what is referred to as a lease, which is a contract
for exclusive possession, generally for a term of years, usually for a specified rent or
compensation. A leasehold should not be confused with a licence. The crucial test for
determining whether a lease or a licence has been created is whether there is exclusive
possession. If there is no exclusive possession, there is no leasehold. A good example of
this is where the property remains in the control of the grantor, such as in the case of a
hotel room or dormitory.
Generally speaking, the Statute of Frauds requires that agreements regarding the sale of
or interests in land must be in writing to be enforceable. In respect of leases, the Statute of
Frauds for a particular jurisdiction will specify that leases for more than a certain number
of years must be in writing to be enforceable, e.g. three years in England. For land sales,
the Statute of Frauds requires a formal writing.
There are numerous other areas of real property law, which commercial lawyers deal with
on a day-to-day basis. Real property law includes such things as easements, usufructs,
mortgages and other financing measures.
Post-reading task. Decide whether these statements are true or false.
1. The term of years of a freehold estate is not fixed.
2. The term reversion refers to the passing of real property to the State when the owner of
the property has died and has no legal heirs.
3. The term fee tail refers to an inheritable estate, which lasts as long as the original grantor
or any of his descendants live.
4. A licence grants exclusive possession of a property.
5. The Statute of Frauds permits oral contracts in the case of leases if the duration is more
than a certain number of stipulated years.

Ex. 1. Match each pair (1-28) with its explanation (a-bb).

1. decedent /heir a) a person who has died / a person who is entitled to inherit property
2. grantor/grantee b) a person who transfers property / a person to whom property is transferred (in
real property law synonymous with assignor/assignee)
3. landlord/tenant c) person (usually the owner) who gives another person a lease in turn for rent / a
person to whom a lease is given in return for rent in real property law
synonymous with lessor/lessee)
4. freehold estates d) a right of title to land that is characterized by two essential elements:
immobility(land or an interest) and indeterminate duration.
5. leaseholds e) the real estate which is the subject of a lease (a written rental agreement for an
extended period of time).
6. the fee simple f) absolute title to land, free of any other claims against the title, which one can
sell or pass to another by will or inheritance.
7. the fee tail g) an estate in land subject to a restriction regarding inheritance; is passed by
inheritance to the heirs of the body of the initial owner.
8. the life estate h) the right to use or occupy real property for one's life.
9. reversion i) any future interest kept by a person who transfers property to another, but
retains some future right to it.
10. the estate pur j) when a lease of lands or tenements is made to a man for the life of another
autre vie person.
11. escheat k) the power of a state to acquire title to property for which there is no owner.
12. licence l) the permission granted by competent authority to exercise a certain privilege
that, without such authorization, would constitute an illegal act.
13. easements m) a liberty privilege or advantage, which one man may have in the lands of
another, without profit; it may arise by deed or prescription.
14. remainder/ n) a future interest held by one person in the real property of another that will
remainderman take effect upon the death of a life tenant.
15. usufructs o) the right of one individual to use and enjoy the property of another.
16. mortgages p) a legal document by which the owner (i.e., the buyer) transfers to the lender an
interest in real estate to secure the repayment of a debt, evidenced by a note.
17. tenements q) any type of property of a permanent nature (land, houses, and other buildings,
rights attaching thereto, such as the right to collect rent).
18. hereditaments r) anything capable of being inherited.
19. deed s) a written instrument, signed and delivered, by which one individual, the
grantor, conveys title to real property to another individual.
20. interest t) any right, claim, or privilege that an individual has toward Real or Personal
Property.
21. title u) the legal basis of the ownership of property; also a document serving as
evidence of ownership of property.
22. to convey v) to transfer title (official ownership) to real property (or an interest in real
property) from one (grantor) to another (grantee) by a written deed.
23. corporeal w) possessing a physical nature; having an objective, tangible existence; being
capable of perception by touch and sight.
24. incorporeal x) lacking a physical or material nature but relating to or affecting a body.
25. Covenant y) an agreement, contract, or written promise between two individuals that
frequently constitutes a pledge to do or refrain from doing something.
26. pledge z) a Bailment or delivery of Personal Property to a creditor as security for a debt
or for the performance of an act.
27. bailment aa) the temporary placement of control over, or possession of Personal Property
by one person, the bailor, into the hands of another, the bailee, for a designated
purpose upon which the parties have agreed.
28. adverse bb)The use or enjoyment of real property with a claim of right.
possession

Ex. 2. Fill in the gaps with the words or phrases from ex. 1, make the necessary changes.
1. The voluntary transfer of a right or of property or the transfer of an interest in real
property from one living person to another, by means of an instrument such as a
deed is called a …………….
2. An interest in land that, being the broadest property interest allowed by law,
endures, until the current holder dies without heirs is called ……………………..
……………………….
3. The ………………… is the party who leases the property, also called tenant in a
real property lease, while the …………… is the party who gives the lease, also
called landlord when the lease involves real property.
4. A joint ………….. is taking identical interests simultaneously by the same
instrument and with the same rights of possession by two or more co-owners.
5. The use or enjoyment of real property with a claim of right when that use or
enjoyment is continuous, exclusive, hostile, open and notorious is called an
………….. ………………….
6. Despite bargaining for months with its creditors, General Growth faced increasing
pressure to handle its more than $25 billion in debt, largely in the form of short-
term ……….. that will come due by next year.
7. When the individual (“grantee” or “life tenant”) retains possession of the land for
the duration of his or her life, it is called a ……………… ……………...
8. An apartment-dweller with a one year lease has a …………. estate in his apartment
and must pay rent.
9. When a tenant grants an estate of lesser maximum duration than his own, the
ownership of the land returns to the original tenant when the grantee's estate
expires. This is called a …………..
10. A …………… arises when a tenant with a fee simple grants someone a life estate,
and specifies a third party to whom the land goes when the life estate ends. The
third party is said to have a remainder. The third party may have some legal rights
to limit the life tenant's use of the land.
 11. Some states require that the ………. while selling the property be officially
recorded to establish ownership of the property and/or provide notice of its transfer
to subsequent purchasers.
12. Another common requirement in real estate contracts is that the ………… to the
property sold be marketable, i.e. the seller must have proof that he or she is the real
owner of all the property he or she is selling.
13. A …………… is a person who owns a house, a flat or an office and receives rent
from someone for allowing them to live there, or use the building for business
purposes.
14. The ………….. means that the landowner owns the land throughout his life unless
he sells or gives it to someone else.
15. People entitled to the property of someone after he dies are called …………..
16. The ……………is a type of contractual arrangement that, if validly reached, is
enforceable by a court. It can be phrased so as to prohibit certain actions and in
such cases is sometimes called negative one.
17. Your neighbour’s right to use a footpath over your land, or your right not to have
buildings or trees on your land block light to his windows is called an
…………………...
18. The grantor of a ………….. ……………. is permitted to limit the inheritance to a
specific group of lineal descendants of the grantee: to a man and his male bodily
heirs, for example.
19. ……………….. is any kind of property which can be inherited.
20. ……………….. comprehends everything which may be held, provided it be of a
permanent nature; and not only lands and inheritances which are held, but all the
houses and buildings.
21. An ……………. takes place due to the lack of any person with a valid interest in
the property, and is not usually linked to any illegality or wrongdoing.
22. The right of enjoying a thing, the property of which is vested in another, and to
draw from the same all the profit, utility and advantage which it may produce,
provided it be without altering the substance of the thing is a ……………..
23. When a lease is made to a man, to hold for the life of another person, it is called an
estate ………..

Ex. 3. Choose the correct definition and make sentences of your own with the legal terms:
1. Conveyance
a) A statement made against your employer's interest.
b) The voluntary transfer of a right or of property.
c) The expiration of an option period.

2. Fee Simple
a) An interest in land that is the broadest property interest allowed by law; full ownership
of land.
b) The basic charges incurred in the drafting of a simple legal document.
c) The lowest fees that can legally be charged by a notary public.

3. Lessor
a) An offer to pay a lower price.
b) A junior judge.
c) A person who conveys (rents) property through a lease.

4. Joint Tenancy
a) Ownership of real property by two or more co-owners who take identical interests in the
property.
b) An arrangement by which both parents share responsibility for and authority over a
child.
c) An obligation that binds two or more debtors to single performance for two or more
creditors.

5. Adverse Possession
a) The rule that an agent's knowledge will not be imputed to a principal.
b) The principle that if a party fails to introduce evidence that it is within its possession to
introduce, it may be inferred that the evidence is unfavorable.
c) The use or enjoyment of real property with a claim of right.

2. Mortgage
a) A conveyance of title to property that is given as security for the payment of a debt.
b) The right of a bank to satisfy a customer's matured debt by seizing the customer's
money or property in the bank's possession.
c) A written instrument by which land is conveyed.

3. Encumbrance
a) A claim on property
b) A contract with multiple obligations
c) A lawsuit filed without justification

4. Foreclosure
a) The administration of a mortgage loan, including the collection of payments, release of
liens, and payment of property insurance and taxes.
b) The difference between the mortgage principal and the amount the mortgage actually
sells for.
c) A legal proceeding by the lender to terminate a mortgagor's interest in property, either to
gain title or to force a sale in order to satisfy the unpaid debt.

5. Working Interest
a) A prison-treatment program allowing an inmate to be released during the day to work in
the community.
b) The rights to the mineral interest granted by an oil-and-gas lease.
c) An organization formed to negotiate with employers, on behalf of workers about job-
related issues.

10.Covenant
a) A legally enforceable claim that another will do or will not do a given act.
b) A legal obligation that is owed or due to another and that needs to be satisfied.
c) A formal agreement or promise, usually in a contract.

11. Partition
a) A contract that precludes a party from entering into a comparable agreement with
someone else.
b) Zoning for a particular piece of land without regard for the zoning of the larger area
surrounding it.
c) The act of dividing; especially the division of real property held jointly or in common by
two or more persons into individually owned interests.

12. Attachment
a) The attack on a person's reputation.
b) The seizing of a person's property to secure a judgment or to be sold in satisfaction of a
judgment.
c) The judicial process of restoring a person's civil rights.

Ex. 4. Make one sentence joining the two given ones. Use the following words: whereas
and while.

Example: Real property refers to land and anything permanently attached to the land,
whereas/while (but, on the contrary) personal property refers to all other property.
Whereas/While real property refers to land and anything permanently attached to the land,
personal property refers to all other property.

1. A freehold estate refers to an estate in which ownership is for an indeterminate

length of time. Leasehold is the term for the right to possession and use of land for
a fixed period of time.
2. Fee simple is the expression for the absolute ownership of real property. Fee tail
refers to an estate that may be inherited only by a limited class of heirs.
3. A lease is an agreement by which a lessor gives the right of possession of real
property to a lessee for a specified term and for a specified consideration. A licence
is only the right to use without having exclusive possession.
4. An easement is a right to make limited use of another’s real property. Usufruct
refers to the right to use and derive profit from property belonging to someone else,
provided that the property itself is not harmed in any way.
5. A grantor is a person who transfers property. A grantee is a person to whom
property is transferred.
6. A landlord is the owner who gives another person a lease in turn for rent. A tenant
is a person to whom a lease is given in return for rent.
7. A decedent is a person who writes a will on how he wants his property to be
disposed of after his death. A heir is a person who is entitled to inherit property.

Ex. 5. Translate the words and phrases in brackets from Ukrainian into English.
Full ownership of real property is called ("просте право власності"), ("правовий
титул на абсолютне право власності"), or sometimes just ("просте право"). The
characteristics which (відрізняє) fee simple title from lesser grades of ownership is the
right to pass full ownership to someone else, whether during the original owner's lifetime
or (після його смерті).
Among other important rights included in fee simple ownership are the right to: use the
real property (на власний розсуд); take (орендну плату), products, or profits the
property (приносить); (заставляти через іпотечну заставу) the property; limit the use
of the property; allow others to use the property; and sell the property.
The fee simple owner must: pay taxes on the land; (дотримуватись вимог зонування)
and other restrictions on the use of the land; honor the rights of others who own (частки у
землі) (co-owners, (квартиронаймачі), (орендарі), mortgagees, (власники
сервітуту), etc.). Further, the fee simple owner must use the land in such a way that the
use (не втручається) with the rights of other landowners and the public.
It is possible for a fee simple owner (передавати право власності) of her property to
another person for the (термін) of that other person's life. This type of ownership is called
(довічним володінням майном). The person who holds the life estate is called
(довічним власником). With certain important exceptions, a life tenant can
(поводитися з) the property in much the same way a fee simple owner can (поводитися
з) her property.
The life tenant cannot (диктувати) how the property will be distributed upon the life
tenant's death. The life tenant cannot sell (абсолютну частку власності у
нерухомості). When a life estate is created, a (наступне майнове право) is also
created. The person who holds the remainder interest (the remainderman) automatically
(здобуває) fee simple title to the property when the life tenant dies.
Ex. 6. Fill in the gaps with the words and phrases from the box.

is terminated by divorce or dissolution enjoys full ownership a

portion
file a lawsuit to partition the property multiple ownership
"convey"
Condominium ownership fractional share
dispose of
a right of survivorship Joint tenancy
survivorship
tenancy in common be defeated
undivided
a joint tenant mortgage
interest

The usual type of (1) ……….. of property is (2)………….. , in which each owner has an
(3)……………, (4)……….. of the property. The shares may be equal or unequal.
Regardless of the size of his share, each tenant in common (5) ……………. of his share,
and can sell, (6) ………., use, or (7)………… it as a full owner. If one tenant wishes to
take his share, he may (8) ………….
(9)…………. with right of (10) ………… is a kind of ownership created by statute. Joint
tenancy is similar to tenancy in common, except that joint tenants have (11) ………….
That is, when (12) ……… dies still owning her share, the surviving tenants divide that
share among them.
The right of survivorship may (13) ………….. where, for example, all joint tenants (14)
………… (sell) their (15) ………….., or the joint tenants are husband and wife and their
marriage (16) ………. It should be noted that joint and survivor ownership is commonly
used for personal property as well as real property - a joint bank account, for example,
normally is joint and survivor property.
(17)……….. is a hybrid of individual and multiple ownership. When a person is a
condominium owner, he normally owns (18) ………. of the property involved outright,
and a portion as a tenant in common.

Ex. 7. Fill in the gaps with the derivatives of the given in brackets words.
1. If the owner gives temporary (1) …………. (possess) and use of her property to another
in return for the (2) ……….. (pay) of rent or something else of value, by means of a
written (3) ………… (agree) called a lease, the party to whom possession of the property is
given acquires a (4) …………. (lease) interest or leasehold estate. In such a case, the
landowner is called the lessor and the person to whom the property is rented is called the
lessee or tenant. The term, or time, of the lease may be weeks, months, or years.
2. A "lien" is a charge or (5) ………….. (encumber) on property to secure the payment of a
debt or the (6) …………. (perform) of some act. There are many other types of liens: a tax
lien, a (7) ………. (judge) lien, etc. The procedure for enforcing a lien is called
foreclosure.
3. Frequently, property will be subject to many liens. In such cases, when one lien-holder
sues to foreclose, all (8) ………… (lien/hold) are notified and their claims dealt with in the
same suit. This process is called "marshalling of liens". Some liens, for example tax liens,
have statutory (9) …….. (prior).
4. An (10) ………. (ease) is formal permission, granted in writing by deed or similar
document, to use another's property. Easements are commonly granted to utility companies
to install and maintain water, sewer, etc. gas, across private property. A license is informal
(11) ………… (permit) to use another's property, e.g. to use a path across an owner's
property.
5. An owner might lease the mineral rights to her property to an oil (12) ……………
(explore) company in return for a flat payment when the lease is signed, plus a (13)
………….. (royal) of, for example, one-eighth of the value of any oil or (14) ……………
(nature) gas brought to the surface.

Ex. 8. Fill in the missing words in the text below and then translate it into Ukrainian.
Real Property. The terms (1) …………….. real estate, and realty all refer to land, to
buildings and other (2) ……….. on land, to different kinds of interests in land, and to
various rights which go along with land or some interest in it. Fixtures, crops, and minerals
are sometimes referred to as (3) ………….. because they have some characteristics of both
real and (4) …………………… property. There are many degrees of ownership of land,
ranging from full ownership down to permission from the owner to use a portion of the
land for specific purposes. All of these degrees of ownership may be called "interests in
land". (The term "interest in land" is usually used to describe degrees of ownership which
are less than complete (5) …………….). Certain types of ownership carry particular
rights, such as the right of a landowner to receive any rent the land might yield.
Personal Property. Broadly speaking, personal property is anything that is not real
property. The key characteristic of personal property is its movability. Personal property
can be tangible or (6) …………... Tangible personal property is property that can be
moved and which has physical existence. Intangible personal property includes various
rights or interests which are not capable of being touched or seen. Examples include
ownership of (7) ………….. and bonds, ownership of a debt, and the right to bring a legal
action. Personal property includes (8) ………………… in a bank account, interest in a
joint bank (9) ………….., or a payable on death account. A joint and (10) ………….. bank
account is an account in the names of two or more persons who have an equal right to the
assets in the account and the right of survivorship. The payable on death account ("POD")
is an account payable on request to one person during his or her lifetime and upon his or
her death to one or more named persons.

Ex. 9. Read the following article and retell it in English, give your own point of view on
the suggested problem.

ПРО НОВИЙ ПОРЯДОК ДЕРЖАВНОЇ РЕЄСТРАЦІЇ РЕЧОВИХ ПРАВ НА

НЕРУХОМЕ МАЙНО ТА ЇХ ОБМЕЖЕНЬ
Наталія ГАЙДАЙ (Правовий тиждень, № 25, 29 червня 2010)
Закон України "Про внесення змін до Закону України "Про державну реєстрацію
речових прав на нерухоме майно та їх обмежень" та інших законодавчих актів
України" від 11.02.2010 р. (далі - нова редакція Закону) вніс зміни як до об’єктного,
так і до суб’єктного складу зазначених правовідносин, а також змінив процедуру
відповідної державної реєстрації.
Об’єкти, що підлягають державній реєстрації
У новій редакції Закону розширено перелік прав, що підлягають реєстрації. Зокрема,
до нього увійшли: право господарського відання, оперативного управління, оренди
земельної ділянки, користування (найму, оренди) будівлею або іншими
капітальними спорудами, їх окремими частинами, а також іпотека, довірче
управління майном і податкова застава, предметом якої є нерухоме майно. Тоді як
право господарського відання та оперативного управління раніше взагалі не
підлягали державній реєстрації, реєстрацію іпотеки, поки нова редакція Закону не
набрала чинності, здійснюють державні нотаріальні контори і приватні нотаріуси,
які вносять записи до Державного реєстру іпотек.
Отже, якщо нова редакція Закону набере чинності 1 січня 2012 р., як це
передбачають Прикінцеві і перехідні положення, вона скасує необхідність реєстрації
договору оренди земельної ділянки, встановивши необхідність державної реєстрації
права такої оренди. Але нова редакція Закону внесла зміни не до всіх статей Закону
"Про оренду землі", які встановлюють необхідність державної реєстрації договору
оренди та суборенди земельної ділянки.
До набрання чинності новою редакцією Закону відповідно до ст. 794 Цивільного
кодексу України державній реєстрації підлягає договір найму будівлі або іншої
капітальної споруди (їх окремої частини), укладений на строк не менше ніж на три
роки. Відповідно до нової редакції Закону ст. 794 ЦКУ викладена в новій редакції,
згідно з якою державній реєстрації підлягає не сам договір, а право користування
нерухомим майном, яке виникає на підставі договору найму будівлі або іншої
капітальної споруди (їх окремої частини), укладеного на строк не менше ніж на три
роки. До набрання чинності новою редакцією Закону державну реєстрацію
податкової застави здійснюють нотаріуси шляхом внесення запису до Державного
реєстру обтяжень нерухомого майна.
Таким чином, розширення переліку прав, що підлягають реєстрації, по суті, не
змінило об’єктного складу правовідносин з державної реєстрації нерухомого майна
та їх обмежень, але уніфікувало процедуру, яка раніше здійснювалась різними
органами і відображалась у різних реєстрах.

2.2. EASEMENTS.

Listening 2
One of the key terms mentioned above is easement, which is a right, acquired for access to
or use of another person's land for a specific purpose. In the following listening exercise,
you will hear an excerpt of a seminar held by a lawyer as part of a training course for estate
agents. It is the lawyer's task to provide basic legal information on issues, which the agents
may one day encounter in the course of their work. In the excerpt, the lawyer presents a
general classification of easements, explaining the different types his listeners need to
know about.

Pre-listening task. Before you listen, discuss this question.

What other legal issues might an estate agent need to be informed about?

Post-listening task. Listen and answer these questions.

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?

Ex. 1. Complete these sentences, in which the speaker classifies information. Use no more
than three words for each space.
1. Generally speaking, …………. two fundamental types of easements: temporary and
permanent.
2. Permanent easements can be …………… three common types. These three are the
easement in gross, the prescriptive easement and the easement appurtenant.
3. This ……… those easements which are given to a quasi-public corporation, such as the
electric or phone company.
4. ………….. of an easement appurtenant is called an easement by necessity.
Ex. 2. Read the following definitions of different types of easements and put the terms in
proper places.

Public and private easement Appurtenant easement Easement in gross

Prescriptive easement Implied and express easement Easement by
estoppel
Easement by necessity Restrictive easement
An easement is a non-possessory interest to use real property in possession of another
person for a stated purpose.
Unlike a lease, an easement does not give the holder a right of "possession" of the
property. A license, which is a lesser interest than an easement, only gives a holder a
personal privilege to use land of another for a limited purpose. For example, a license is
given when a landowner gives his neighbor a verbal permission to park a car on his
driveway, or to park an automobile for a limited period. A license can be terminated much
more easily than easements. A license is similar to but different from a wayleave (the right
to transport through or fly over the other’s land).
An easement also differs from a license in that the benefits of most easements (appurtenant
easement) flow to an adjacent parcel of land, not to a specific person (easement in gross).
As such, the owner of the dominant tenement will continue to enjoy the easement, even if
he is not the initial owner of the tenement.

(1) ………….. is held by private individuals or entities. It grants an easement for a public
use, for example, to allow the public an access over a parcel owned by an individual.

In the U.S., (2) …………… is one that benefits the dominant, adjoining land. An easement
in gross is personal to the holder of the easement and does not pass automatically to
another person when the easement holder's property is sold and bought.

(3) …………….. benefits an individual or a legal entity, rather than a dominant estate. The
easement can be for a personal (an easement to use a boat ramp) or a commercial use (an
easement given to a railway to build and maintain a rail line across property). In earlier
times, an easement in gross was neither assignable nor inheritable, but today commercial
easements are freely alienable. This is not true in England and Wales where easements
cannot be in gross.

An easement may be created in a number of ways. In most jurisdictions in the U.S., if a

person regularly uses someone else's property over a statutory period without the consent
of the property owner, he acquires (4) …………... It cannot give the holder of the
easement a right to protect a view over a neighboring property no matter how long a
property owner has had a view over the neighbor's property.

An easement may be (5) ……………... It may be "granted" or "reserved" in a deed or

other legal instrument. Alternatively, it may be incorporated by reference to a subdivision
plan by "dedication" or in a restrictive covenant in the agreement of an owners association.

Under an (6) …………….., a grantor and an abutter (the owner of adjacent parcel of land)
may be estoppel from denying the existence of a "paper street", which is shown on a
subdivision plan, but has not yet been developed to become an actual road.

Parcels without access to a public way may have an easement of access over adjacent land,
if crossing that land is absolutely necessary to reach the landlocked parcel. There is an (7)
………… arising from the original subdivision of the land for continuous and obvious use
of the adjacent parcel (e.g., for access to a road, or to a source of water).

(8) …………… are also called "negative easements", as their "use" is normally
prohibitive. A "negative easement" entitles an owner (A) to prevent another landowner (B)
from performing a particular act on (B's) land. They must be in writing (they cannot be
"implied") and in order to "run with the land" (to pass to future purchasers) must be
recorded. An example would be a common "vehicular non-access" easement as shown
along a main highway where the governmental entity needs to restrict access. Therefore a
restrictive easement is a condition placed on land by its owner or by government that in
some way limits the land's use, usually regarding the types of structures which may be built
there or what may be done with the ground itself. For instance, if a leased piece of land is
not prevented by zoning laws (probably because it is not in a township) from having
people inhabit it, and the government feels that for some reason living there would be
especially unsafe, it may place a restrictive easement on the property stating that no one
may live there. Restrictive easements are also frequently placed on wetlands (i.e., a
conservation easement) to prevent them from being destroyed by development.

Ex. 3 Read the questions and the extracts from the journal article about adverse
possession, a situation where squatters occupy property or land that they do not own.
Which sections (A, B, C or D) does each question (1-6) refer to? You will need to use some
of the letters more than once.

0 Possession necessarily involves an element of intention.

1 It is possible that a squatter will seek to prevent an owner from gaining access to the
land.
2 The fact that a person is a title owner does not necessarily mean he is the possessor.
3 Even if an individual is willing to pay rent, he can still be considered in adverse
possession.
4 A common misconception about the attitude of the squatter has been clarified.
5 One factor is determining possession relates to the ongoing use of the land in a given
way.
6 The intention of the owner is immaterial when establishing possession.

The Question of Possession.

A The term adverse possession is a convenient one. We are all familiar with it and the
Land Registration Act 2002 continues to use it. However, the word adverse has tended to
confuse. It implies that the squatter should in some way be aggressive towards the paper
owner of the property. The House of Lords (the final Court of Appeal in the UK) has now
ruled that this is not so. The test is simply: has the trespasser ‘possessed’ the land for the
requisite period using the ordinary meaning of that word? Judge William Masters
confirmed that there are two elements to possession: (1) factual possession and (2)
intention to possess. There has always been the need to show an intention to possess in
addition to objective acts of physical possession.

B Factual possession signifies an appropriate degree of physical control. It must be a

single and exclusive possession, though there can be a single possession exercised by or on
behalf of several persons jointly. Thus an owner of land and an individual intruding on that
land without his consent cannot both be in possession of the land at the same time. When
considering the question of what acts constitute a sufficient degree of exclusive physical
control, each case must be taken on its own merits, but broadly what must be shown as
constituting factual possession is that the alleged possessor has, without interruption, been
dealing with the land as an occupying owner might have been expected to deal with.

C The intention required of the squatter is to possess not to own. In dealing with
intention to possess Judge Masters has confirmed a number of previously established
propositions. There must be an intention to exclude the world at large, including the owner
with the paper title, so far as is reasonably practicable and so far as the processes of the law
will allow. The acts of the squatter do not need to be inconsistent with the intentions of the
paper owner. The suggestion that the sufficiency of the possession can depend on the
intention not of the squatter but of the true owner is heretical and wrong.
D Once it is accepted that the necessary intent is an intent to possess not to own, there
is no in consistency between a squatter being amendable to the idea of a regular financial
commitment with the paper owner, if asked and his being in the meantime in possession. If
a person is in possession with the consent of the owner then he does not have sufficient
possession for the purposes of the Limitation Act. It is clearly established that the taking or
continuation f possession by a squatter with the actual consent of the paper title owner does
not constitute dispossession or possession by the squatter for the purposes of the Act.

Ex. 4 Read the following article and retell it in English, give your point of view on the
suggested problem.

ЗАСТОСУВАННЯ ЗЕМЕЛЬНИХ СЕРВІТУТІВ

Сергій Теньков, доктор філософії у галузі права

Відповідно до ст.98 Земельного кодексу України сервітутом визнається право

власника або землекористувача земельної ділянки на обмежене платне або
безоплатне користування чужою земельною ділянкою (ділянками).
Підстави встановлення земельних сервітутів передбачені у ст.100 Земельного
кодексу України. Сервітут може бути встановлений на підставі: договору, закону,
заповіту або за рішенням суду.
Договір про встановлення земельного сервітуту підлягає державній
реєстрації.
Сервітут може належати власникові сусідньої земельної ділянки, а також іншій
конкретно визначеній особі (особистий сервітут).
На підставі ст. 101 Земельного кодексу України дія земельного сервітуту
зберігається у разі переходу прав на земельну ділянку, щодо якої встановлений
земельний сервітут, до іншої особи.
Земельний сервітут не може бути предметом купівлі-продажу, застави та не може
передаватися будь-яким способом особою, в інтересах якої цей сервітут
встановлено, іншим фізичним та юридичним особам.
Власник, землекористувач земельної ділянки, щодо якої встановлений
земельний сервітут, має право вимагати від осіб, в інтересах яких встановлено
земельний сервітут, плату за його встановлення, якщо інше не передбачено законом.
Власник земельної ділянки, щодо якої встановлений земельний сервітут, має право
на відшкодування збитків, завданих встановленням земельного сервітуту.

На що має звернути увагу адвокат у справах, пов’язаних з сервітутами.

За ознакою - наявність або відсутність протиправного характеру дій
відповідача у справі, необхідно розмежовувати:
1) встановлення сервітуту
2) усунення перешкод у користуванні майном (негаторний позов).
За відсутності протиправного характеру дій відповідача виключається
можливість задоволення негаторного позову про усунення перешкод у користуванні
майном. У такому разі позивач для задоволення потреби у доступі до свого
нерухомого майна повинен вжити заходів для встановлення земельного сервітуту
або іншим способом отримати право користування земельною ділянкою.
За змістом частини 1 статті 98 ЗКУ України земельний сервітут (крім
особистого) може бути встановлений для власника або землекористувача сусідньої
земельної ділянки. Відповідно, вимоги особи, яка не є таким власником або
користувачем, про встановлення сервітуту для проходу (проїзду) задоволенню не
підлягають.
Адвокат має враховувати, що обов'язковою умовою звернення до суду з
позовом про встановлення сервітуту є вжиття особою, яка вимагає встановлення
сервітуту, заходів щодо встановлення сервітуту за домовленістю з власником
(володільцем) відповідної земельної ділянки. Якщо особа до звернення до суду не
вчиняла дій щодо встановлення сервітуту за домовленістю сторін (зокрема, не
звернулась до іншої сторони з пропозицією про укладення договору про
встановлення сервітуту), господарським судам слід відмовляти у задоволенні
відповідних вимог на підставі статті 16 ЦК України, статті 1 ГПК України у зв'язку з
відсутністю у такої особи права вимагати встановлення сервітуту за рішенням суду.
Слід також взяти до уваги п.3.5 рекомендацій Вищого господарського суду
України від «Про практику застосування господарськими судами земельного
законодавства». Обов'язковою умовою встановлення земельного сервітуту є
неможливість задоволення потреби особи, яка вимагає встановлення сервітуту, в
інший спосіб.
Складовою договору про встановлення земельного сервітуту має бути план
земельної ділянки. Користування сервітуарієм чужою земельною ділянкою без
відповідної технічної документації та без визначення на місцевості меж дії
земельного сервітуту може бути підставою для визнання договору про встановлення
земельного сервітуту недійсним у судовому порядку.

Speaking 3. Act out the following situations.

1. You have problems with your neighbor whose new hot house blocks access to your
property. You seek legal advice and want to know your rights.
2. You are a professor giving lecture about different types of easements.
3. You are a journalist/ an interested party/a participant describing how landowners
can combine conservation with residential development. Be sure to speak on the
subject of “conservation easement”.

2.3. A LAW FIRM’S PRACTICES AREAS

Reading 3.

Key vocabulary: to print brochures, to create web pages, areas of expertise, prospective
clients, competency statement, practice areas, to handle cases, natural species,
forestry/timber, grazing, irrigation, mining claims, wildlife, to assist clients, condemnation,
a broad array, conservation easements.

Law firms commonly print brochures or create web pages in order to make their areas of
expertise known to prospective clients. This kind of text, or competency statement, is
usually entitled 'Practice Areas’ and generally lists the areas of the law in which the firm
has performed successfully and the areas which staff members have most experience in.

Read the competency statement of a large American law firm.

PRACTICE AREAS
The law firm of Johnson, Fabian, and Brugger was founded in 1993. Our staff lawyers are
experienced in handling cases involving Natural Resources, property and Real Estate law
and have represented clients with issues involving local and natural authorities and
organizations.
Our firm has dealt with a wide range of natural species, forestry/timber, grazing, irrigation,
mining claims, oil and gas, water, and wildlife. We have assisted clients in various
property matters, including federal, public, state and private lands, communication sites,
condemnation, easements, land exchanges, property boundary disputes, ownership
disputes, and rights of way.
In addition, our lawyers have handled a broad array of real-property/real-estate
transactions, including commercial, residential, agricultural, and conservation easements.
Due to our comprehensive natural resource and property capabilities, our firm can provide
experienced counsel for all environmental and natural resource matters affecting property
owners.

Post-reading task. Answer the following questions to the text above.

1. What area of the law does the firm handle in addition to real property?
2. What two types of disputes are explicitly named in the text?

Ex. 1. Decide whether Johnson, Fabian and Brugger is the right firm for these parties (1-
4) to consult for legal assistance.
1. Mr. Simmons is engaged in a dispute with Mr. Burns concerning repairs that must be
made to a pipe leading through Mr. Burns' property to Mr. Simmons' house. Mr. Burns
refuses to allow the workers access to his property.
2. Mr. Wyatt produces a natural insecticide from the seeds of a type of Indian tree which
grows on his property and has been selling it to organic farmers in his region. A
pharmaceutical company is suing him for infringement of patent rights.
3. Mr. Parker's neighbour operates a private childcare centre within her property.
During the summer, the children spend a lot of time outside, and the noise level is
extremely high. Mr. Parker and his neighbour agreed to install a fence, but disagree about
the exact boundary between their properties and about who should pay for the fence.
4. Mr. Tanaka is a landscape architect working under subcontract with a construction
company on the site of a large private home. The lead contractor has filed for bankruptcy
protection. Mr. Tanaka wants to know whether he can stop work, pack up his gear and
walk off the job site. He also wants to know whether he can enforce his mechanics' lien
rights against the real property's owner.

Ex. 2. Read the text again and answer these questions.

1. What are the phrases in italics used to express?'
2. Underline the verb tenses in the text. Which verb tense is used most often? Why?
3. Find two words in the text that are synonyms of the word case.
4. Which sentence of the text expresses what the firm can do?

Writing 1. DESCRIBING A FIRM'S PRACTICE AREAS

Ex. 3. Using the phrases in italics in the text, write a short description of the practice
areas of your own law firm or of a law firm you are familiar with.
Note some of the important features of such a statement:
o It is written in the first person plural (the 'we' perspective);
o Much of the information is provided in the form of lists;
o The present perfect tense is used to refer to what the firm has done;
o The text may begin with a reference to the firm's history and may conclude with a
statement that sums up what the firm can do.

Ex. 4. Choose a topic related to real property law in your jurisdiction, which lends itself
to structuring by means of classification.
Some possible topics are:
o Types of tenancy agreements
o Types of concurrent ownership of property
o Types of estates
o Tenant's rights
o Landlord's rights
Ex. 5. Read the following information about three Law Companies and their practice
areas, search in the Internet for the detailed information about these (or other) companies,
prepare and present to the group your report, comparing the effectiveness of these
companies’ work, give your own point of view on the presented information.

 Назва компанії: Юридична фірма "Рафальский и партнеры"

Сфера діяльності: Юридичні послуги, право, адвокатура, консультації
Опис діяльності: юриспруденція
Сайт компанії: http://www.rafalsky.com.ua
Регіон роботи: Київ

 Назва компанії: Юридична компанія "Маляренко і Марієн"

Інші назви: Ігор Марієн
Сфера діяльності: Юридичні послуги, право, адвокатура, консультації
Регіон роботи: Київ

 Назва компанії: Юридична фірма "Справедливість"

Сфера діяльності: Юридичні послуги, право, адвокатура, консультації
Опис діяльності: Подолати труднощі, поліпшити своє життя і життя своїх
близьких, добробут і настрій оточуючих людей Ви зможете з фахівцями-
юристами Української юридичної фірми. Юристи нашої компанії завжди на
високому професійному рівні нададуть юридичну підтримку кожному, хто
звернеться до нас! Наша кропітка праця-запорука Вашого успіху, всі наші
знання, досвід, тепло сердець працюють саме для Вашого добробуту, ми
прагнемо зробити українців заможнішими!
Сайт компанії: http://spravedlivist.in.ua
Регіон роботи: Київ

2.4. UNDERSTANDING A LEASE OR TENANCY AGREEMENT

Listening 3 A. PHONING A LANDLORD

Pre-listening task.
1. What things do you think you might hear on a telephone? Complete a list of 10 words
and word combinations.
2. Listen to the following telephone conversation between Angela, a student at university
who is looking for a room to rent with the landlord and compare your list of expressions
with what you’ve heard on the tape.
3. Listen to the following song “No Vacancy” by Neil Sedaka and fill in the missing words
or phrases.

NO VACANCY Neil Sedaka

I'm livin' in a house on the other side of town

They're makin' a highway so they're (1) ….. my buildin' ………..
I gotta find a place, within a week
Or else I'll be sleepin' out on the street
(2) ….. is me, I'm lookin' for a vacancy

All day long I'm walkin' 'round (no vacancy)

Walkin' up and walkin' down (no vacancy)
I've been (3) ................ ………. the town (no vacancy)
No apartment to be found (no vacancy)
On my (4) …………. ……… (can't find a place to stay)

I found myself a place but the rent sure is a (5) ………

It's a (6) ……. ……… ………. that was built in Lincoln's time
The paint is (7) ……. right ……… of the wall
Good (8) ………, the bathroom is in the hall
Woe is me, I'm lookin' for a vacancy

I could budget myself, (9) ………… and save to get along

But it ain't no fun givin' up wine, women and song
So I'll have a roof up above my head
But under those conditions I (10) ……… ……… ….. ……….
Woe is me, I'm lookin' for a vacancy

All day long I'm walkin' 'round (no vacancy)

Walkin' up and walkin' down (no vacancy)
I've been searchin' 'round the town (no vacancy)
No apartment to be found (no vacancy)
On my dishwasher's pay (can't find a place to stay)

All day long I'm walkin' 'round (no vacancy)

Oh, All day long I'm walkin' 'round (no vacancy)
All day long I'm walkin' 'round (no vacancy)
All day long I'm walkin' 'round (no vacancy)
All day long I'm walkin' 'round (no vacancy)

4. Can you understand what is written in the following ad? Using information from the ad
make up a dialogue between a Landlord and a potential Tenant.

A flat to let
A lux. s/c sgl. furn. gdn. flt. 1 rm., k & b. C.H.
Cpts., Col. T.V., tel., frifge, ckr., h/c.
$180 p.m. Refr. rqd.
Avail. mid. Apr.
Tel: 01-678-1234 Evgs after 7.

Listening 3 B-C. OWNING vs. RENTING

Pre-listening task.
1. Discuss with your partner what is better: to own or to rent a flat or a house. Present your
idea to the group.
2. Listen to the following conversations between Todd and Akane, Todd and Mark who
debate renting vs. owning a house and compare your and their points of view.

Ex. 1. Read the following text and fill in the blanks with the suitable words from the box.

APARTMENT FOR RENT.

If you enjoyed your …………..(1) in Ukraine on your first visit and decided to return to
work and live here, you know that you'll have to look for a more permanent place
…………..(2) than simply shacking up in a hotel. Here are some tips on finding a place to
live, some situations you should try to avoid and actions you should take.
I once met a foreigner in the Kyiv subway, better known as the Metro. He saw me reading
an English book and decided to approach me. He said rather …………. (3), "I don't like
this country," which surprised me a bit. I turned to him to find out what his problem was. It
appeared that he was from Denmark and …………. (4) in Kyiv for only a few days. This
surprised me even more, since most people I meet fall in love with the country
…………… (5) first sight. Anyway, getting back to the man from the subway, we both
came out to the newly ……………. (6) Maidan Nezalezhnosti or Independence Square.
Naturally, I asked him what the problem was he had with Ukraine. It appeared that he had
nobody to help him when he came to Kyiv and he did not think about his life in Kyiv in
advance. This is where some tips may come ……………… (7).
Tip # 1. If you know that you are staying in Ukraine for some longer period of time, make
…………. (8) for everything including a guide and a translator. This is your best friend in
a foreign country. The man from the Metro found this out the hard way.
Indeed, he ……….(9) an apartment here in Kyiv and complained to me that one day he
was just coming out of the shower, when he saw his …………..(10) standing in the room.
Surprised to see him, the foreigner asked what the guy wanted. It appeared that the
landlord had forgotten something he needed and also wanted some money as an advance
…………… (11) for rent. Not knowing the language, he was clearly very frustrated with
the whole situation.
Tip # 2: It is strongly recommended that you have a translator when you are speaking with
the …… (12) and the owner of the apartment you are checking out in order to avoid any
unneeded problems. Unexpected visits by the landlord when the person renting is not home
must be avoided. In order to do so, simply insist that the landlord call in advance and set
the dates when you are to pay the ……….(13) each month. This, of course, much easier to
do through a trustworthy translator and an agent from a reliable agency.
If you want to rent an apartment, one way is to contact an agency. There are quite a lot of
agencies in the city. For example, you can easily access some of them through the Internet.
In addition to that you can try picking anyone of the local publications with listings of all
kinds of apartments for rent. You will probably need a translator to help you select and
make phone calls, as all of them are in Russian or Ukrainian. Among them are Rio,
Ekspres obyava, and Aviso, the three most popular ones available at any kiosk in town.
Once you've found an agent or had a chance to go through the………….. (14) listings,
make a choice.
Tip # 3: Prices differ depending on the part of town, left or right bank, proximity to a
Metro station and access to public transport, like buses and taxis.
In any case, in the ……………. (15) and central areas of Kyiv you can find one-, two- and
three-room …………….(16) going for US $300-500 per month. However, the prices can
go as high as over US $3,500 and more for ………….. (17) downtown apartments and
suites.
Of course, as typical for many cities around the world, one- and two-room apartments
…………. (18) from the city center will range anywhere from US $80-250 per month.
The final consideration when ………….. (19) a place is where your new office is situated.
For example, if your office is on the left bank, there is absolutely no need for you to look
for a place downtown, because if you intend to use the subway, you will always be going
against the flow of people who travel in the morning from outlying parts of town to their
work places. Furthermore, life in the city center overall is more expensive. If you live
further from the city center, even shopping is cheaper. Another thing is if you are into
nightclubs and nightlife. Most entertainment is situated closer to the downtown core. The
nightlife in Kyiv is well organized as well, and a ride home is not too expensive. In fact,
many foreigners say it is cheaper than in their home countries.
So, all this in mind, with a good, reliable translator, and a good agent at your …………..
(20), you are bound to find a decent place to live while working here in Kyiv. Best of luck!

1 A journey B stay C trip D life

2 A to dwell B to lodge C to rent D to settle down
3 A unexpectedly B quietly C angrily D suddenly
 4 A has been B was C had been D is
5 A at B on C with D after
6 A renewed B rebuilt C repaired D renovated
7 A useful B vital C in handy D helpful
8 A preparations B arrangements C necessities D useful things
9 A rented B let C lodged D squatted
10 A grantor B owner C host D landlord
11 A payment B deposit C money D charge
12 A tenant B real estate agent C lessee D heir
13 A mortgage B interest C rent D debt
14 A rental B letting C available D flats
15 A outskirts B upper town C suburbs D downtown
16 A lodgings B apartments C hostels D cottages
17 A expensive B precious C comfortable D luxury
18 A further B closer C near D far away
19 A buying B letting C renting D evicting
20 A disposal B service C hand D office

Speaking 4. Using necessary information from the article, make out dialogues between
- you and a foreigner about cost of renting a flat or a house in Kyiv;
- a real estate agent and a foreigner;
- a landlord and a potential tenant.

Reading 4.
A landlord who wishes to lease property to a tenant will often consult a lawyer for
assistance in drawing up a lease. A prospective tenant, on the other hand, might ask a
lawyer to review the terms and conditions of a lease before entering into such an
agreement. Both will require the services of legal counsel in the event of a serious dispute
concerning a lease.

Ex. 2. Tick the sections or clauses you would expect to find in a lease tenancy.

Parties Rent amount and payments

Term Acceleration
Non-competition Method of payment
Statutory conditions Force majeure
Confidentiality Deposit

Can you think of any other clauses and sections that are generally included in a lease?

Pre-reading task. Look at the title of the following text. What are statutory conditions?
Can you think of the kinds of thing that might come under statutory conditions in a lease
agreement?

Ex. 3. The text is an excerpt from a lease, setting forth the statutory conditions applying to
the lease. Read it and complete the spaces (1-7) using these subheadings.
a. Abandonment and termination
b. Sub-letting premises
c. Entry of premises
d. Entry doors
e. Conditions of premises
f. Services
g. Good behaviour
h. Obligation of the tenant
 STATUTORY CONDITIONS
The following statutory conditions apply:
1. ……………….. .
The landlord shall keep the premises in a good state of repair and fit for habitation during
the tenancy and shall comply with any statutory enactment or law respecting standards of
health, safety or housing.
2. (a) ……………… .
Where the landlord provides a service or facility to the tenant that is reasonably related to
the tenant's continued use and enjoyment of the premises such as, but not as to restrict the
generality of the foregoing, heat, water, electric power, gas, appliances, garbage collection,
sewers or elevators, the landlord shall not discontinue providing that service.
2. (b) ……………………… .
A tenant shall conduct him/herself in such a manner as not to interfere with the possession
or occupancy of other tenants.
3. ………………..
The tenant shall be responsible for the ordinary cleanliness of the interior of the premises
and for the repair of damage caused by willful or negligent act of the tenant or of any
person whom the tenant permits on the premises.
4. ……………………..
The tenant may assign sub-let or otherwise part with possession of the premises subject to
the consent of the landlord which consent will not arbitrarily or unreasonably be withheld
or charged for unless the landlord has actually incurred expense in respect of the grant of
consent.
5. …………………...
If the tenant abandons the premises or terminates the tenancy otherwise than in the manner
permitted, the landlord shall mitigate any damages that may be caused by the abandonment
or termination to the extent that a party to a contract is required by law to mitigate
damages.
6. ……………………..
Except in the case of an emergency, the landlord shall not enter the premises without the
consent of the tenant unless:
(a) notice of the termination of the tenancy has been given and the entry is at a reasonable
hour for the purposes of exhibiting the premises to prospective tenants or purchasers;
or
(b) the entry is made during daylight hours and written notice of the time of the entry has
been given to the tenant at least twenty-four hours in advance of the entry.
7. …………………………
Except by mutual consent, the landlord or the tenant shall not during occupancy by the
tenant under the tenancy alter or cause to be altered the lock or locking system on any door
that gives entry to the premises.

Ex. 4. Where do these ideas appear in the text? Write the number of the section or sub-
section in which they can be found.

Example: The landlord is not permitted to go into the flat unless the tenant agrees. 6
1. The tenant is not allowed to disturb other tenants in the building.
2. The landlord agrees that he will not stop providing the use of utilities such as gas or
electricity.
3. The landlord is obliged to take advantage of any reasonable opportunity to reduce loss or
damage if the tenant leaves unexpectedly.
4. The landlord is required to keep the flat in suitable condition.
5. The tenant agrees to repair anything broken by a person he has invited into the flat.
6. The landlord promises that he will not have the lock of the front entrance changed
without the agreement of the tenant.
7. The tenant is permitted to rent the flat to someone else if the landlord gives him
permission to do so.
8. The landlord can enter the flat if the tenant is moving out, and the landlord needs to
show a new tenant around.

Ex. 5. Match these words and expressions (1-11) with their definitions (a-k).

1 statutory a agreement of both parties

2 premises b what has been stated before
3 habitation c when a tenant leases a leased property to a third party
4 the foregoing d giving one's permission to something
5 willful or negligent e something done knowingly or carelessly
6 act f minimizing any loss due to breach
7 sub-letting g a piece of land, a building, or part of a building
8 grant of consent h created or regulated by statutes
9 abandonment i the act of living in or occupying a place
10 mitigate damages j in a manner based on chance rather than being planned or
11 mutual consent based on reason
arbitrarily k leaving and no longer using a property

Ex. 6. Match these verbs (1-4) with their synonyms (a-d), and then match the same verbs
(1-4) with the nouns in the box they collocate within the text.

1 abandon a cause something to end or stop

2 terminate b give or allow something
3 comply with c leave a place, person, or thing
4 grant d act in accordance with an order, set of rules or request

consent law premises tenancy

Ex. 7. Read and translate the following text into Ukrainian.

Landlord and Tenant. Obligations of the Landlord. The landlord's obligations to tenants
are: (l) to keep the rented or leased property (premises) decently habitable; and (2) not
unreasonably interfere with the tenant's privacy. The landlord must ensure that common
areas (parking lots, stairs, halls, sidewalks, etc.) are clean and safe, and that the structure
complies with building and housing codes.
Obligations of the Tenant. The tenant's basic obligations are to: (1) use and maintain the
premises in a proper manner; (2) not disturb the neighbors; and (3) timely make the rent or
lease payments.
Security Deposits. Landlords often require new tenants to make a security deposit
(commonly equal to one month's rent). The purpose of the deposit is to cover unpaid rent
and any damage to the rental property caused by the tenant. I f the deposit is more than $50
or one month's rent (whichever is greater), and the tenant is in possession for six months or
more, the landlord is required to credit the deposit with five percent interest. Within 30
days after a tenancy is ended, the landlord must refund the deposit plus interest and less
valid deductions.
Rent Withholding. A tenant in a building having four or more dwelling units may withhold
rent if the tenant reasonably believes the landlord has failed to live up to the landlord's
obligations, or if the landlord is found to be in violation of any law or regulation affecting
health or safety. In order to withhold rent, the tenant must be current in his rent payments
and give the landlord 30-days' notice of his intention to withhold rent. If the problem is not
fixed, the tenant may withhold rent by depositing the rent payments with the clerk of the
local municipal or county court. At the direction of the court, the rent withheld may be
applied to correct the problem, or the court may order the monthly rent reduced until the
problem is remedied.

Writing 2. Read the following example of a Leasehold agreement and find the clauses
which were mentioned in the previous texts, translate them into English.

ДОГОВІР ОРЕНДИ КВАРТИРИ

1. ЗАГАЛЬНІ ПОЛОЖЕННЯ
1.1. Цим Договором регулюються правовідносини, пов'язані із переданням
Орендодавцем Орендареві наступної квартири (надалі іменується "квартира, що
орендується") для проживання у ній працівників Орендаря на визначений цим
Договором строк та за встановлену цим Договором плату:
……………………………………………………
3. ПОРЯДОК ПЕРЕДАННЯ КВАРТИРИ В ОРЕНДНЕ КОРИСТУВАННЯ
3.3. У момент підписання акту прийому-передачі Орендодавець передає Орендарю
ключі від квартири, що орендується, та від кімнат, які знаходяться у даній квартирі.
7. ПРАВА ТА ОБОВ'ЯЗКИ ОРЕНДОДАВЦЯ
7.1. Орендодавець має право один раз на квартал здійснювати перевірку порядку
використання Орендарем квартири, що орендується, у відповідності до умов цього
Договору шляхом ………………………………………
7.2. Орендодавець має право вимагати від Орендаря дотримання Правил
користування приміщеннями житлових будинків і прибудинковими територіями в
Україні.
7.3. Орендодавець має право вимагати від Орендаря звільнення квартири, що
орендується, та повернення майна після закінчення строку орендного користування.
7.4. Орендодавець зобов'язується здійснювати у разі необхідності капітальний
ремонт квартири, що орендується.
8. ПРАВА ТА ОБОВ'ЯЗКИ ОРЕНДАРЯ
8.1. Орендар за цим Договором бере на себе наступні обов'язки:
- використовувати квартиру, що орендується, за її цільовим призначенням у
відповідності до п. 2.1 цього Договору;
- забезпечувати збереження і охайність квартири, що орендується, та підтримувати її
в належному стані;
- дбайливо ставитися до майна, яке знаходиться в квартирі, що орендується;
- усувати наслідки аварій, які сталися в квартирі, що орендується, в строк
…………… шляхом ……………………;
- дотримуватися протипожежних правил;
- здійснювати за власний рахунок поточний ремонт квартири, що орендується;
- не здійснювати перебудову та перепланування квартири, що орендується, без
попередньої письмової згоди на це Орендодавця;
- дотримуватися Правил користування приміщеннями житлових будинків і
прибудинковими територіями;
- безперешкодно допускати Орендодавця до квартири, що орендується, з метою
перевірки її використання у відповідності до цього Договору;
- звільнити квартиру, що орендується, та повернути Орендодавцеві майно після
закінчення обумовленого в цьому Договорі строку орендного користування в строк
……………………….
8.2. Орендар за цим Договором має наступні права:
- обладнати та оформити квартиру, що орендується, на власний розсуд;
- здавати квартиру, що орендується, у суборенду за письмовою згодою Орендодавця;
- установлювати замки на вхідні двері та кімнати, укріплювати вхідні двері
квартири, що орендується;
- установлювати сигналізацію та інші системи охорони в квартирі, що орендується;
- самостійно визначати порядок, умови та строки проживання в квартирі конкретних
осіб із числа тих, що визначені у п. 2.1 цього Договору.
10. ВІДПОВІДАЛЬНІСТЬ СТОРІН ЗА ПОРУШЕННЯ ДОГОВОРУ
10.1. У випадку порушення зобов'язання, що виникає з цього Договору (надалі
іменується "порушення Договору"), Сторони несуть відповідальність, визначену цим
Договором та (або) чинним в Україні законодавством.
10.2. Порушенням Договору є його невиконання або неналежне виконання, тобто
виконання з порушенням умов, визначених змістом цього Договору.
10.3. Сторона не несе відповідальності за порушення Договору, якщо воно сталося
не з її вини (умислу чи необережності).
10.4. Сторона вважається невинуватою і не несе відповідальності за порушення
Договору, якщо вона доведе, що вжила всіх залежних від неї заходів щодо
належного виконання цього Договору.
10.5. Орендар несе наступну відповідальність:
- у випадку прострочення в прийнятті квартири, що орендується, та майна -
неустойка в розмірі ………………………………………;
- у випадку прострочення по сплаті орендних платежів - пеня в розмірі
……………………………………………… від суми боргу за кожен день
прострочення;
- у випадку нецільового використання квартири, що орендується, - штраф у розмірі
………………………………………………. від загальної суми орендної плати, що
підлягає сплаті за цим Договором;
- за передання квартири, що орендується, або її кімнат в суборенду без письмової
згоди Орендодавця - неустойка у розмірі …………………………….
10.6. Орендодавець несе наступну відповідальність:
- у випадку прострочення по переданню Орендарю квартири, що орендується, та
майна - неустойка в розмірі ……………………………………..
11. ПІДСТАВИ ДОСТРОКОВОГО РОЗІРВАННЯ ДОГОВОРУ
11.1. Цей Договір може бути розірваний достроково в порядку та на умовах, що
визначені у ст. 825 Цивільного кодексу України.

Reading 4. CASE REVIEW

Key vocabulary: the outcome of disputes, commercial property leases, tenants, a law firm
newsletter, quiet enjoyment, covenants, to comply with, a lease, reasonable precautions,
possible precautions, contractors, scaffolding, sheeting, premises, to come into conflict, to
co-exist, to take priority over, to be costly and impractical, a copy of the estimate, to take
reasonable steps.

Legal publications which present the outcome of disputes involving commercial property
leases are of interest to lawyers, landlords and tenants alike. The decisions in such cases
indicate how courts in a jurisdiction tend to rule in real property cases, and are therefore
useful for parties when preparing a court case. The following account of a case was
published in a law firm newsletter.

Quiet enjoyment
Goldmile Properties Ltd v. Lechouritis
What steps must landlords take, in deference to their covenants of quiet enjoyment, when
complying with their repairing obligations under a lease? Is it enough for a landlord to take
all reasonable precautions - or is the landlord required to take all possible precautions - to
avoid disturbing its tenant?
The landlord brought in contractors to repair and clean the exterior of a building, which
was let as a restaurant. The contractors erected scaffolding and fixed sheeting to the
exterior of the premises. The interior of the premises became dusty and dark, and the
restaurant appeared closed.
The Appeal Court said that, where the provisions of any contract come into conflict, they
are to be interpreted and applied to give proper effect, where possible, to each. The
landlord's obligation to keep the building in repair had to co-exist with the tenant's right to
quiet enjoyment and vice versa. Neither obligation should take priority over the other.
It would have been possible to restrict the work to the days on which the restaurant was
closed, but this would have been costly and impractical. The landlord had sent the tenant a
copy of the estimate for, and had agreed to spread the cost of, the work. It had also
postponed the start of the work to avoid interfering with the tenant's busiest period and had
arranged the work to meet the tenant's requirements in so far as it could.
The landlord was under an obligation to take all reasonable steps - but not all possible
precautions - to avoid disturbing the tenant, and had done so.

Post-reading task. Answer these questions.

1. Which business sector is involved in the case? Is the case in question relevant for other
sectors of business as well?
2. The concept of quiet enjoyment is central to the case. What does the term mean? Is there
a comparable concept in your own jurisdiction?

Ex. 8. Find words or phrases in the above text, which match these definitions.
1. An agreement that the lessee can use the property in peace without being disturbed
c …………. of q ………….. e …………...
2. Something done in advance to prevent harm - p ……………….
3. Someone who enters into an agreement to perform a certain service or provide a
certain product; (here) a company or trader which agrees to provide construction
work - c………………..
4. The expected cost of work to be done - e …………………..
5. To put off or delay until a later time - p …………………..

Speaking 3. CASE DISCUSSION

Ex. 9. Discuss these questions in small groups.

1. What is the difference between reasonable precautions and possible precautions in the
present case?
2. The Court reasoned that 'where the provisions of any contract come into conflict, they
are to be interpreted and applied to give proper effect, where possible, to each'. How is this
statement to be understood?
3. Do you agree with the Court's ruling in this case?
4. What do you think the outcome of such a case would be in your jurisdiction?

Reading 5. NOISY NEIGHBOURS

Key vocabulary: condo, racket, to tear her hair out, cypress-wood beams, exposed-brick
walls, lease, to be jolted awake, to blast the TV at full volume, to wail and scream, court
petition, to bang on the ceiling and pipes, the clanging echoed, the condo board, log, lobby,
din, to ticket, to file a lawsuit against the condo association, The Declaration of
Condominium Regime, nuisances, noxious or offensive activity, to take prompt action
against the owner of the condo, to enforce the rules, to fine the owner of the condo unit, to
award damages, intentional infliction of emotional distress, to contend, the condominium
association, to impose fines, to enjoy property, a condo board.
Read the following text about the disturbed peace and answer the questions after it.

A NEW CONDO TENANT IS CAUSING A RACKET. CAN A NEIGHBOUR SUE

FOR DISTURBING THE PEACE? YOU BE THE JUDGE

Myra Harris was ready to tear her hair out. She loved her condo on the fourth floor of the
Federal Fibre Mills building in New Orleans’s historic and trendy Warehouse District –
and who wouldn’t, with its high ceilings, cypress-wood beams, exposed-brick walls and a
view of the Mississippi River? But life there had become a nightmare.
Myra’s big headache started when the owner of the unit below leased it in September to a
middle-aged woman. Suddenly Myra was being jolted awake between midnight and six in
the morning when the new tenant blasted the television or stereo at full volume, Myra said
in court documents.
TV noise wasn’t even the worst of it. On numerous occasions, Myra said, the woman
would wail and scream in the early morning hours. Myra also claimed that the tenant held
loud parties that lasted late into the night. Myra said in her court petition that her neighbour
would bang on the ceiling and pipes with a hard object for hours. The clanging echoed into
Myra’s unit above. A number of times, she even called the New Orleans Police
Department, which took hours to send officers. To get away from the racket, Myra began
sleeping in another neighbour’s condo when he was out of town.
In the four months after the downstairs tenant’s arrival, Myra sent 17 letters of complaint
to the condo board, asking it to take action. The board did nothing until January, Myra
asserted, when it sent the owner of the condo a letter saying it would enforce the rules.
Myra said that she reported the problem to building security, but nothing came of it, other
than a visit from a guard, who made some notes in his log-but he eventually stopped
responding to Myra’s calls.
She described another time when she called the police and waited for them in the building
lobby in the early hours of the morning because of the din. The police told Myra that they
could ticket the noisy neighbour, but whatever they did, the situation didn’t change.
Finally, Myra decided to file a lawsuit against the condo association, claiming it was
responsible for the administration, operation and enforcement of the rules and restrictions
that applied to all the condos on the property.
Those rules, contained in a document called “The Declaration of Condominium Regime,”
stated that no loud noise, music or other nuisances that would ‘disturb or annoy’ other
occupants of the building would be permitted between 11p.m. and 9 a.m. The rules also
said that ‘no noxious or offensive activity’ could go on at any time in any unit, and that any
nuisance that is ‘a source of annoyance to residents’ would not be allowed. The declaration
clearly gave the board the right to enforce the rules and to impose fines for violations.
But, Myra claimed in her lawsuit, instead of helping her, the Federal Fibre Mills board told
security personnel to stop responding to her complaints. She also asserted that it had failed
to take prompt action against the owner of the condo, who had rented the unit to the
problem tenant in the first place. Not until January did the board finally sent a letter to the
owner saying it would enforce the rules, according to Myra’s petition. Eventually it fined
the owner of the condo unit. For Myra, it was too little too late.
She asked the court to award damages to her for the condominium board’s failure to
enforce the building’s rules and for the ‘intentional infliction of emotional distress.’ She
claimed the tenant violated her right to enjoy her property without unreasonable
disturbance. She also said that the board had failed in its responsibility to protect her rights.
The condo board, for its part, argued that Myra had no basis to make a legal claim.
Although the declaration that contained the condo association rules stated that the board
had a right to enforce the rules, it didn’t say that it had a duty to do so. The board added
that there was no Louisiana law that imposed such a duty. The board contended that it had
the absolute right to enforce – or not enforce – the condo rules and restrictions. The choice,
it said, was up to the board.
1. Does Myra Harris have a strong case to go to court?
2. What Myra’s right was violated by her neighbour?
3. Should Myra Harris be compensated for her disturbed peace?
4. Guess what the verdict was.

Read the verdict and answer the question after it.

Both the trial court and the Fourth Circuit Court of Appeal of Louisiana found that Myra
Harris failed to make her case. While she correctly stated that the condominium association
had the right to enforce its rules, regulations and restrictions, and to impose fines for
violations, both courts agreed that a right is not a duty. The Louisiana Condominium Act,
which lists the powers of an owners’ association, allows – but doesn’t require – condo
associations to adopt restrictions on unit owners and to enforce them.
Though Myra certainly had a problem and the condo board’s provisions clearly stated it
could fine those who disturbed the peace, the board was not required by law to enforce the
rules so that she could enjoy her property. After the decision, Myra moved out and bought
a house. She never wanted to deal with a condo board again.
1. Do you agree with the decision in this case?
2. What would you do in her place?
3. What would be the verdict?

Speaking 4.
Act out the following situations.
1. Make out a dialogue between Myra and her noisy neighbour.
2. Make out a dialogue between Myra and a representative of condo board.
3. Make out a dialogue between Myra and a lawyer about her case.

Listening 3 A. NOISY NEIGHBOURS I.

Ex. 10. You will hear five short extracts in which different people are talking about
problems with neighbours. For questions 1-10, choose the correct answer A, B or C.
You‘ll hear the recording twice.

1. What was the first speaker’s attitude to the noise from the gym?
A. tolerance B. annoyance C. resignation

2. What action did she take?

A. She moved house. B. She complained to the local authorities. C. She spoke to
the owner.

3. What was the second speaker’s reason for complaining about the trees?
A. They spoilt the view. B. They were in poor condition. C. They shut
out the light.

4. How did the neighbour react to his request?

A. She was very understanding. B. She became quite angry. C. She cut the
trees down.

5. What does the third speaker say about her neighbour?

A. He exaggerated the problem. B. He attacked her animals. C. He caused
her distress.

6. What did she have to do to the cockerel?

A. give it away B. move it C. sell it
7. What effect did the neighbour’s television have on the fourth speaker and his wife?
A. It made them behave differently.
B. It caused the break up of their marriage.
C. It seriously affected their health.

8. What does he say about the new house?

A. He regrets buying it. B. The location isn’t ideal. C. The neighbours
live too close.

9. What does the fifth speaker say about people’s reaction to noise?
A. Noise can cause people to become violent.
B. People are generally intolerant of noise.
C. People respond in different ways to noise.

10. She says that victims of noisy neighbours feel

A. depressed B. guilty C. helpless

Ex. 11. Answer the following questions.

1. Which of the speakers do you have most and least sympathy with? Why?
2. Have you had any similar problems with neighbours yourself? Are you a noisy
neighbour?
3. What, if anything, can or should be done to help victims of noisy neighbours?

Now, listen again and define the phrases with the following meaning.
1. A loud unpleasant noise from jumping, running, etc. that lasts for a long time
2. To turn the TV set on at a full volume
3. The sound of a loud music playing in the next apartment

Ex. 12. Choose the adjective in each group of three which has a very different meaning to
the other two.

1. squeaky high-pitched deep VOICE

2. loud booming hushed VOICE
3. distant unmistakable muffled SOUND
4. excessive incessant constant NOISE

Ex. 13. Choose the word which does not normally collocate with the noun or adjective in
capital letters at the beginning of each line.

Noun + verb
1. dogs grow roar whine
2. noise dies down fades away goes off
3. doors slam shut rustle open creak open
4. bells hoot tinkle chime
Adjective + noun
5. rowdy behaviour fans engine party
6. piercing groan cry scream shriek
7. deafening applause cheer silence ear

Ex. 14. Complete each of the gaps in the sentences below with a collocation from the
exercises above.
1. “Come in,” he said in a high ………………………. that made him sound like a little
mouse.
2. She spoke in a …………………………, anxious not to wake anyone up.
3. We could hear the …………….. of Bob’s tractor in the valley below; it was faint, but
unmistakable.
4. Wait until the ………………. a little before you give your speech, otherwise you’ll
have to shout.
5. Police arrested several ……………. who had clearly been drinking before the match.
6. His shock announcement that he was resigning met with ………………; no one knew
quite what to say.
7. There was a sudden gust of wind and the ……… behind her; she thought at first a gun
had been fired.

Listening 3 B. Noisy neighbours II.

Listen to the following dialogue; retell what was happening using collocations from the
previous exercises.

Listening 3B. NOISE AND SOUND

You will hear a sequence of sounds. Make notes as you listen. Discuss with your partner
what might have been happening. Wherever possible use vocabulary from the previous
exercises to describe the sounds.

Ex. 15. Complete the text using one word in each gap.
NEIGHBOURS AND NOISE
Do you ever with that your neighbours (1) would turn down their music? Perhaps you’re
trying to sleep and you wish that the people next-door (2) …………. not holding an all-
night barbecue party in their garden. Or do you feel it is (3) ………………. you moved to
an uninhabited island? Don’t worry – you are just another victim of noise pollution. Of
course, most people would prefer (4) …………… if cars (5) ……………. no noise at all,
neighbours (6) ……………. as quiet as mice, and nobody (7) …………… about the streets
in cars with open windows and high-powered sound systems. You may even wish you (8)
……………. Stop children from playing in the street, or planes from passing overhead.
But in the end, if I (9) ………… you I (10) ……………. Just get used to it. Close the
windows, buy some earplugs, laugh and turn up your own stereo. Just act (11) ……….. if
the noise (12) ……………. simply not there! Who knows, perhaps it will go away!

Writing 3. Read the following petition to the court against a debtor and write your own
Petition in English.

Зразок позовної заяви до суду на громадян

Акціонерна компанія «Харківобленерго»

У місцевий суд Дзержинського району м. Харкова
Позивач: АК «Харківобленерго» р/р 26031331812154
МФО 351823 код 00131954
61003, м. Харків, вул. Кооперативна, 12
тел: 738-81-36
Відповідач: Петренко Іван Іванович,
м. Харків, вул. Леніна, 11
Тел: 735-16-00

Про стягнення заборгованості за спожиту електроенергію.

Ціна позову: 5086 грн.

Позовна заява
 Петренко Іван Іванович є споживачем електроенергії, абонентом АК
«Харківобленерго» та повинен дотримуватись «Правил користування
електроенергією для населення».
Відповідно до п. п. 19,20,42 та 48 «Правил користування електроенергією для
населення», затверджених постановою Кабміну № 1357 від 26.07.1999 р., споживач
повинен оплачувати спожиту електроенергію у встановлений термін та нести
відповідальність за прострочення терміну внесення платежів за використану
електроенергію.
Згідно з довідки-розрахунку за станом на 13.08.20_ _ р. Петренко І. І. має
заборгованість у розмірі 5086 грн., яка до теперішнього часу не сплачена.
Несплата відповідачем заборгованості завдає шкоди інтересам держави.
Відповідно до п. 1.1 Статуту АК «Харківобленерго», її засновником є держава в
особі Міністерства палива та енергетики України.
В умовах недостатніх платежів за відпущену електроенергію в Україні склався
гостродефіцитний енергобаланс. Положення, що склалось через неплатежі, може
спричинити виникнення системної аварії при зниженні частоти в об’єднаній
енергетичній системі України.
На підставі викладеного і керуючись ст.ст. 11, 12, 22, 507, 714, 1166, 1212 ЦК
України, ст.ст. 64, 67, 68 ЖК України, ст.ст.3, 33, 136 ЦПК України, прошу:
1. Прийняти позов до свого розгляду.
2. Судові витрати покласти на відповідача.
3. Стягнути з І. І. Петренка на користь АК «Харківобленерго» суму заборгованості в
розмірі 5086 грн.
Додаток у копіях:
1. Довідка-розрахунок позовної суми.
2. Рішення Дзержинської районної ради про звільнення АК «Харківобленерго» від
сплати держмита.
О.А. Птахов
Начальник Північного РВЕ
Енергозбуту АК «Харківобленерго»

2.5. BUYING A HOUSE.

Ex.1. Fill in the missing words from the box below.

BUYING A HOUSE.
When a (1) ……, has chosen the house he wants, he has a (2) …… draw up a contract.
This (3) ……… states the (4) ………definition of the (5) ………, gives the purchase (6)
………, and demands (7) ……… from the present owner. It also includes other important
(8) ………, such as the (9) ………that are to remain in the house and the (10) ………
when the (11) ……… will take (12) ………. The buyer pays a (13) ……… when he (14)
……… the (15) ………. The deposit binds the (16) ……… to the (17) ……… of the
contract.

buyer price contract proof of ownership deposit

document purchaser fixtures seller property
lawyer terms legal time signs
possession information

Listening 4A. A HOUSE TO BUY.

Pre-listening task. Make a list of arguments in favour and against buying a house.

Listen to the following dialogues; make out your own dialogue on the same topic.
Post-listening task.
1. Give a brief summary. Use your own words.
2. Rewrite the following ads in full and write down your own one.
3. Using information from the ad make up a dialogue between a Landlord and
a potential Buyer.
A house to sell.
Mod. det. hse., immac. cond. Fhld. 3 gars. 5. beds., 3 receps., 2 fully tiled baths. + sep.
wcs;
lge. fit. kit. 18/19 ft., dble sink; lux. lnge. Gas CH/chw; dble. glaz. Curts., fit. cpts.
included. Landscd. gdn., swim. pool. Few mins., stn., bus, amens., seafront. $150,000
ono.

Listening 4B. BUYING A HOUSE IN SPAIN.

Lawyers are often involved in all stages of the sale and purchase of real property. These
stages include drafting, reviewing and negotiating the contract of sale, handling payment,
as well as preparing and filing the documents required to close on the property.
When the purchase involves real property in another country, it will be necessary to obtain
the help of a lawyer who is well acquainted with the procedures and documents required in
that country.

Pre-listening task. What documents are required for the sale of real property in your
country?
Do many foreigners buy property in your country?

Ex. 2. Listen to the following interview between a lawyer (Ms Blackwell) and her client
(Mr. Watson), who intends to buy a house in Spain.
1. Who is Senor Martinez?
2. Tick the steps that must be followed to buy a house in Spain.
a. Draw up power of attorney ……….
b. Submit financial history of buyer ………..
c. Apply for fiscal number …………..
d. Negotiate agent's commission …………….
e. Set up bank account ………….
f. Arrange financing …………..
g. Inspect premises ……………..
h. Sign contract …………….
i. Hand over 1% of the purchase price …………
j. Hand over remaining deposit (9% of purchase price) …………..
k. Sign final documents …………….

Ex. 3. Decide whether these statements are true or false.

1. A notary will translate the power of attorney document.
2. A power of attorney allows the client's Spanish lawyer to complete necessary paperwork
when the client is not in Spain.
3. The contract for the sale of the house will be written in both English and Spanish.
4. The client's English lawyer does not want to look at the contract, since Senor Martinez
will be drawing it up and has extensive experience with such contracts.
5. The client must be present for the final signing so that he can hand over the rest of the
deposit.
Ex. 4. Imagine that you want to buy a property. Below are the different stages that you will
normally (and ideally) go through. Complete the gaps with words and expressions from the
box.

alterations clauses disputes possession survey

appoint completion fees preservation surveyor
asking confirmation offer Registry title deed
authority contract ownership restrictions
balance covenants planning signing
bound deposit permission stamp
boundaries disclose plans structural

1. You make an …………… on the ……………. price (the price that the seller is asking
for the house), which is accepted by the seller.
2. You …………….. a solicitor to help you make your purchase.
3. Your solicitor receives …………… your accepted offer, and also any necessary details
from the estate agent.
4. The seller's solicitor sends your solicitor a draft …………. This is checked to make sure
there are no unusual ………...
5. At the same time, the seller's solicitor sends your solicitor the seller's …………... This is
carefully checked for any ………… that might apply to …………. of the property. At the
same time, the seller should make your solicitor aware of any problems with the property
(for example, ………….. with his / her neighbours, any approved or unapproved …………
that he / she has made to the property, relevant information on ………… adjoining other
properties and public land, ………… or …………. orders that may restrict development of
the property, whether you will need to get ………… before making changes to the
property, etc).
6. If the contract is approved, copies of it are prepared for ………… by both you and the
seller.
7. Before you do this, however, your solicitor should ask the local ………. (for example,
the local town council) to ………… any information it has on …………. for the area
around the property you are buying (for example, there may be plans to build an airport at
the end of your back garden, or a motorway across your lawn at the front).
8. At the same time, you should ask for a ………….. of the property by a chartered
………... He / she will tell you if there are any problems with the property (for example,
rising damp, dry rot, unsound ………….. features, etc).
9. If you are happy with everything, you now sign the contract: you are now legally
………… to buy the property (you cannot pull out of the agreement, unless further checks
by your solicitor produce unfavourable information that has been kept secret from you; for
example, he / she may discover that the property details the seller has provided are not
accurate).
10. Your solicitor arranges a …………. date with the seller's solicitor – this is the date
when you will take official ………….. of the property – and both you and the seller
exchange contracts through your solicitors. Your title deeds are prepared.
11. You pay your solicitor his …………, the money for the property (assuming you have
already paid a ………. on the property, you will now need to pay the outstanding
…………..), the relevant ……….. duty and Land ……………… fees.
12. You get your copy of the deeds and the key to the front door. Congratulations, and
welcome to your new home!

Ex. 5. Read the following article and render it in English, give your point of view on the
difference between the same procedures in Spain and Ukraine.

ПРОЦЕДУРА ПРИДБАННЯ НЕРУХОМОСТІ В ІСПАНІЇ

Набувати нерухомості в цій країні можуть як резиденти, так і нерезиденти Іспанії. І
фізична, і юридична особа має право здійснювати такі покупки, іноземцям
знадобиться закордонний паспорт і достатні фінансові кошти. Ніяких інших
документів або дозволу не потрібно.
Продати нерухомість по законах Іспанії має право тільки сам власник або ж особа,
що має від нього нотаріально завірену довіреність.

З ЧОГО ПОЧИНАТИ ПРОЦЕС ПОКУПКИ

Для початку кращого зняти житло на декілька місяців у вибраному районі і
зайнятися оглядом нерухомості через місцеві агентства. Проте небагато можуть
виділити на це час і ресурси – більшість потенційних покупців вимушена спеціально
прилітати для оглядів. Можна погоджувати поїздку з агентствами, розпланувавши її
самостійно, можна відправитися в безкоштовний ознайомлювальний тур – таку
послугу пропонують багато компаній. Купити будинок в Іспанії можна і
дистанційно, не виїжджаючи з країни, але на практиці дуже небагато здійснюють
операцію без виїзду в країну – по фотографії достатньо складно оцінити об'єкт.
Після того, як об'єкт вибраний і зарезервований компанією або агентством для
покупця, на ім'я останнього відкривається рахунок, з якого повинні проводитися всі
платежі, пов'язані з придбанням нерухомості. Згодом з нього можуть списуватися
комунальні платежі, податки, страховка, платежі по іпотечному кредиту.
Процедура відкриття рахунку в іспанському банку на ім'я іноземця проста і займе
декілька хвилин. Для цього необхідний закордонний паспорт. Рахунок може
відкрити і агент покупця по нотаріальній довіреності.
При відкритті рахунку в євро сама операція буде безкоштовною, але надалі при
позитивному балансі стягуватиметься щоквартальна (або щорічна) комісія. Перша
сума внеску може бути навіть нульовою. Після ви на руки отримуєте банківську
книжку, в якій враховуватимуться всі операції, проведені в строк дії вашого рахунку.
Через три дні видається дебетова карта.
В Іспанії послуги агентств нерухомості завжди оплачує продавець. Саме продавець
платить агентству комісійні за пошук покупця. Покупець нерухомості не повинен
платити агентству ніяких комісійних – якщо фірма намагається їх отримати,
покупцеві слід припинити переговори і шукати інші варіанти.
УКЛАДЕННЯ ДОГОВОРУ КУПІВЛІ-ПРОДАЖУ
Будь-яка нерухомість в Іспанії повинна бути зареєстрована в Registro de Propiedad –
Реєстрі власності. У Реєстрі власності можна отримати інформацію про те, хто є
власником нерухомості, яка її кадастрова вартість, точна площа, а також про
наявність можливої заборгованості власника.
Після вибору відповідного об'єкту нерухомості і ухвалення рішення про його
покупку складається приватний контракт купівлі-продажу, в якому вказуються
умови і спосіб оплати. Як правило, в ньому описуються обидві сторони, об'єкти
нерухомості, згідно реєстру власності фіксуються загальна вартість, податки і форма
оплати. При підписанні контракту найчастіше покупець виплачує близько 30% від
вартості нерухомості. Другу частину необхідно сплатити в момент підписання
купчої (Escritura Publica), яка підписується покупцем і продавцем в нотаріальній
конторі в присутності іспанського нотаріуса.
Оплата повинна бути підтверджена документально. Краще, якщо це буде здійснено
за допомогою банківського переказу на розрахунковий рахунок продавця або
банківським чеком.
Всі документи покупець підписує безпосередньо з власником нерухомості. При
покупці на вторинному ринку це фізична особа, при придбанні нової нерухомості –
компанія-забудовник. Операція купівлі-продажу нерухомості в Іспанії завжди
проводиться нотаріусом, що забезпечує максимальну безпеку.
Єдиний випадок, коли покупець підписує документи про покупку з агентством, –
наявність у останнього нотаріальної довіреності від продавця на право здійснити
операцію від його імені. Агентство нерухомості має також право підписати від імені
продавця попередній приватний контракт купівлі-продажу і прийняти авансовий
платіж. В цьому випадку достатньо звичайної довіреності від продавця.
СУПУТНІ ВИТРАТИ
Згідно закону при покупці нерухомості (укладенні договору) в Іспанії покупець
оплачує ПДВ (7% від офіційної вартості в купчій для житлових об'єктів, 16% для
комерційних об'єктів і земельних ділянок), державні збори і послуги нотаріуса
(близько 1–2% від ціни об'єкту), а також реєстрацію купчої. Оформлення NIE
(ідентифікаційного номера іноземця) для реєстрації операції стоїть до 500 песо. Всі
збори підлягають сплаті при завершенні операції, коли продавець і покупець
підписують остаточний контракт, який підписується і завіряється нотаріусом.
Згідно із законом NIE необхідний всім іноземцям при фігуруванні в нотаріальних
актах і реєстраційних органах для покупки нерухомості, автомобіля або відкриття
іспанської фірми. Також цей номер використовується при заповненні податкових
платежів.
Для оформлення NIE необхідно мати закордонний паспорт (потрібно надати
ксерокопії всіх сторінок паспорта), іспанську візу, митний штамп про в'їзд, два
кольорові фото 3\4, заповнену форму відповідного зразка. Термін оформлення – 30
робочих днів.
ДЕРЖАВНА РЕЄСТРАЦІЯ ОПЕРАЦІЇ
Отримання ключів відбувається при підписанні нотаріального договору. Як тільки
нотаріальний договір купівлі-продажу підписаний, нотаріус відправляє факс в
Реєстр, інформуючи про завершену операцію. Купчу можна забрати з нотаріальної
конторі через два-три дні після підписання договору. На оплату гербового збору (I.
A. J. D. ) і на представлення документа в Реєстрі власності дається тридцять днів.

Reading 5. REFERENCE EMAIL

Key vocabulary: the steps to be taken by, solicitor, to refer, to provide an account of his
professional experience as a lawyer, to request services as legal counsel for, information
regarding professional background, lawyer specializing in, 15 years' experience in
assisting, successful completion of real-estate transactions, to accompany clients through
all of the steps involved in the process of, to draw up an initial presale contract, final
completion, particular expertise in negotiating the terms of, to possess knowledge of, to
contact smb. at smb.’s convenience.

In the previous listening exercise, Ms Blackwell discusses the steps to be taken by Mr.
Watson and his Spanish solicitor, Senor Martinez, when purchasing a house in Spain. The
following email, written by Senor Martinez, is referred to by Ms Blackwell in the dialogue.
In the email, Senor Martinez provides an account of his professional experience as a
lawyer.
Ex. 5. According to the email, what is Senor Martinez's specific area of expertise? What
else qualifies Senor Martinez to help Mr. Watson?

To: T. Blackwell
From: M. Martinez
Subject: Spanish property purchase

Dear Ms Blackwell

Thank you for your email of 15 May, in which you request my services as legal counsel for
your client, Mr. Watson.
Allow me to provide some information regarding my professional background. As a
Spanish lawyer specializing in the sale of real property, I have 15 years' experience in
assisting buyers from the UK in purchasing holiday or retirement homes in the Costa del
Sol region. During this time, I have provided my services for the successful completion of
hundreds of real-estate transactions. I have not only accompanied my clients through all of
the steps involved in the process of buying a home in Spain, from drawing up an initial
presale contract to final completion, but have also gained particular expertise in negotiating
the terms of sale of real property. May I also add that I have studied law in both Spain and
England, and therefore possess knowledge of the legal systems of both countries. I also
speak English fluently.

I would appreciate it very much if you would inform Mr. Watson that I would be happy to
assist him in purchasing a home. Please could you forward this email to him and ask him to
contact me at his convenience.

Thank you for your assistance in this matter.

Yours sincerely

Mateo Martinez

Writing 2. SUMMARIZING AND REQUESTING

Ex. 6. The following phrases can be used for making requests:

Could you please provide me with ...
Would you mind sending me ...
I'd appreciate your sending me ...
Read Senor Martinez's email again and find two more phrases to add to the list.

Ex. 7. The English lawyer, Ms Blackwell, wants to respond to the email and to inform
Senor Martinez of the matters she has discussed with their mutual client.
Write her email to Senor Martinez in which you should:
o thank him for his email;
o state the reason for writing;
o briefly summa rise the content of the interview with the client (you may need to
listen to the interview again or read the transcript of it);
o request copies of all documents Senor Martinez draws up in connection with the
house purchase;
o offer your assistance, if needed;
o thank him for his efforts.
When asking for the copies of documents, use some of these phrases from Exercise 6.

Ex. 8. Using Senor Martinez's email as a model, write a brief account of your own
professional experience as a lawyer to send to a prospective client.

Writing 4. Ex. 9. Read the letter below that a solicitor has written on behalf of a client.
Some parts of a letter are much too informal, although the layout of the letter is correct.
Replace the informal words, which have been underlined, with a more formal word or
phrase. There is an example at the beginning.

Lindow and Garget

Scott House
Odessa
ON5 2DQ
 14 March 20XX

Mr. Nick Birds

The New Village
Odessa
ON1 1BB

Dear Mr. Birds

Holiday Let

I am writing with further information about the argument you are having with Mr. and
Mrs. Martinez, your current dispute with Mr. and Mrs. Martinez, who rented you cottage
in the lake District over the summer.

I think the situation is that Mr. and Mrs. Martinez were staying at your house, Wordsworth
Cottage, for July and August and following a subsequent inspection, you now accuse them
of not obeying the contract they made with you. I have now had the opportunity to check
over the contract very carefully and I think, based on what you have told me, that you do
have a good reason to take court action against them unless they pay you some money for
what they have done.

The most serious issue seems to be that a room in the cottage was let by Mr. and Mrs.
Martinez to a friend of theirs for the entire period in question and that they collected a total
of £800 in rent for this. I see in clause 2.5 of the let agreement that renting out a room to
someone else is expressly forbidden and I think that we would have little trouble
persuading the judge that you should be able to get back this money from them.

Another very important thing is that the Martinezs seem to have kept a pet on the premises
and clause 5.1 says they can’t do it. As you tell me that the house is now in need of
thorough cleaning I suggest that this is a simple matter of hiring a cleaning service to come
in and keeping some of the money that the Martinezs gave you in case of damage to pay
for it.

I hope that this matter can be brought to a close soon and without too much complication.

I look forward to hearing from you soon.

Yours sincerely

Rosalind Blackwell

Ex. 10. Read the letter below that a solicitor has written on behalf of a client. The letter is
too informal in style and vocabulary. Rewrite the letter in a more appropriate way. Do not
change the meaning or lose any of the information it contains.
Lindow and Garget
Solicitors
Scott House
Odessa
ON5 2DQ

Tel: 01586 786004

Fax: 01986 786025
 14 March 20XX
Mundy and Richards
Chartered Surveyors
2 Down Street
Odessa
ON1 1BB

Dear Mundy and Richards

We are working for Mr. and Mrs. Blackwell. They bought a house (21 Wilson Close,
Hove, Odessa) 1 and a half years ago. Before they decided to buy it, they asked you
examine the house and do an in-depth survey paper on it.

You gave them such a report which said among other things that the roof was old, but that
it would not need any work on it for 5 years. You also said that you had checked with the
planning department of the county council and there were no plans that would be bad for
the house.

The Blackwells believed your report and bought the house for £80,990. But they have had
a lot of trouble with the house. The roof leaked, causing a large amount of damage to the
inside of the house which the Blackwells had to redecorate and they had to replace 30% of
the tiles on the roof. But what is the worst point is that a new road is being built which will
pass at the end of their garden. This will cause a huge amount of inconvenience and upset
to the Blackwells and has made their house worth much less.

We think that we have a good case for a claim against you for bad work and we are going
to sue you for this. You must send us the name and address of your insurers so that we can
write to them as well.

Regards
Andrew McCanahan

Ex. 11. Render the following newspaper article into English and think of any other
dangerous situations the landlord can face while selling his property.

Топ-5 найнебезпечніших операцій з нерухомістю

Щодня хтось з покупців нерухомості потрапляє в дуже неприємну ситуацію,
пов'язану з обманом або шахрайством при придбанні квартири, заміського будинку
або нежитлового приміщення. Від проблем в даних стосунках ніхто не
застрахований, тому в цілях попереднього інформування варто прислухатися до
наступних порад.
1. Попередній договір купівлі-продажу квартири в новобудові. Сьогодні
спостерігається величезна кількість подвійних продажів по попередніх договорах,
оскільки зафіксувати кількість проданого житла по попередніх договорах
неможливо. Більш того, дуже часто реалізуються новобудови будівельними або
інвестиційними компаніями, які взагалі не мають повноважень на продаж такої
нерухомості. Це прямі шахрайські схеми.
2. Договір довічного утримання. Якщо в договорі довічного утримання або
договорі ренти не прописано право рентоодержувача на оплату рентних платежів
замість особистого надання послуг по утриманню, забезпеченню доглядом,
харчуванням, одягом, то такий договір може запросто бути розірваний в судовому
порядку, оскільки доказів надання послуг особистого характеру по вказаних
операціях, як правило, надати неможливо.
3. Договір дарування. Договір дарування - це безвідплатна операція, тобто
одержувач нерухомості набуває дороге майно безкоштовно. Суди охоче йдуть на
розірвання такого роду договорів або визнання їх недійсними, особливо коли
дарувальником виступає літня людина або соціально неблагополучна особа. Добре,
якщо новому власникові дійсно передали квартиру в дар по безвідплатній операції.
Але кожен 20 договір дарування прикриває договір купівлі-продажу, що
оформлюється як дарування. Це означає, що новий власник виклав за нерухомість
колосальні гроші, а повернути їх не зможе в разі розірвання договору дарування або
визнання його недійсним.
4. Договір купівлі-продажу долі в квартирі. Якщо житлове або нежитлове
приміщення має декілька власників, то, як показує практика, в кожному третьому
випадку між ними виникають конфлікти, що приводять до необхідності продажу
кимось з власників своєї долі нерухомого майна. Проте, це має і свої негативні
сторони, коли інші власники житла перешкоджають у продажу долі третім особам.
Результат даного роду конфліктів виражається в оформленні удаваного договору
дарування з метою прикрити договір купівлі-продажу, що дуже часто є оспорюваним
в суді.
5. Договір купівлі-продажу. При здійсненні операції, направленої на придбання
квартири за договором купівлі-продажу, необхідно ретельно перевіряти історію
даного об'єкту нерухомості і самого продавця. На практиці часто зустрічаються
прецеденти, коли право власності на квартиру було зареєстроване за рішенням суду.
Варто знати, що перед купівлею судова справа, по якій виникло право власності,
може бути скасована.
Якщо квартира продається після здобуття її по спадкоємству, необхідно з'ясовувати,
коли помер попередній власник, і на якій підставі житло перейшло до спадкоємця,
оскільки мають місце підроблені заповіти і претенденти з боку інших спадкоємців.
Покупці, не кваптеся віддавати свої кровно зароблені і роками вистраждані
накопичення! Перевірте історію квартири і продавця з метою зниження ризиків.

2.6. SITUATIONS.

Task 1. Read the following situations, act them out and answer the questions.

I. A builder was selling 20 vacant lots, four of which had sand piled on them for
construction use. The builder sold one of the lots containing sand without reference to
ownership of the sand. The buyer started making use of the sand, and the builder charged
the buyer with conversion (civil theft). Did the builder have a very strong case against the
buyer? What, in your opinion, was the court’s decision?

II. A state law imposed a lien on all lands and tenements owned by a judgment debtor. The
debtor contended (stated) there was no lien on her rights to the rents from certain land as
these rents were not real property. What, in your opinion, was the court’s decision?

III. Jane and John are married. They purchase a house and open a joint savings account.
The house deed reads "Jane and John, wife and husband," as does the savings account.
Neither spouse can sever (part) the land from such ownership, but under banking rules,
each can draw out the entire savings account. Could John's creditors seize either property?

IV. A prominent citizen conveyed by deed 10 acres of land to a religious society "so
long as the land is used for hospital purposes"; her townhouse to her son, Biff; and her
residence to her husband during his lifetime and then to Biff. What estate do the
religious society, Biff and her husband have? What can happen to the land given to the
religious society should it no longer be used for hospital purposes?
V. A father conveyed a farm to his son "with a life estate to mother." The mother has a
life estate with exclusive possession during her life. She cannot misuse the property
(i.e., commit waste), must keep it in repair, and must pay any existing liens or
mortgages or else lose the property. The mother wishes to move to town. A neighbor
wants to buy her interest in the property. May she sell her life interest to the neighbor?
What duties does the neighbor have? What will happen to the farm when the neighbor
dies? Does the son have the right of possession?

VI. Royal owns 200 acres of wilderness. Thomas wants to remove muck from it.
Royal writes a letter to Thomas granting such a right for a payment of $2 per ton and
a maximum of 5,000 tons. Royal conveys the southwest quarter of this land to his
neighbor, but in the deed "reserves the right to one-half of all the mineral and oil
rights in said property." Royal's other neighbor has for years hunted on Royal's land
without objection by Royal and with Royal's knowledge. What right of use do the all
three have?

VII. Two promoters, Aaron and Baldor, own lots on which they plan to develop a
hotel complex and a pedestrian shopping mall, respectively. Aaron's planned hotel
swimming pool faces the west, and he wants the afternoon sun. Promoter Baldor is cut
off from access to a fashionable street fronting Aaron's land. The parties agree that
Baldor will not build so high as to cut off the sunlight on Aaron's pool, and Aaron
agrees to give Baldor and her tenants the right to cross a designated strip of land on
Aaron's property to reach the thoroughfare. What does the Aaron’s and Baldor’s
agreement describe?

VIII. Yardley didn't like trouble with her neighbors and said nothing as year after year
those living west of downtown would cut across her land as a shortcut. What does this
example describe?

IX. Thane sold his back 40 acres to a city dweller, who only then learned that the 40
acres were landlocked. Thane's land surrounded the 40 acres, and so the buyer could
not reach his property without trespassing on Thane's property. How can this problem
be solved?

X. The owner of 20 acres of land sold 5 acres to a buyer, named his son as beneficiary
to another 5 acres in his will, and deeded 5 acres to his daughter. The remaining 5
acres have not been used by the owner for years, but squatters have been using the
land for planting crops. In what different ways was the title to realty transferred?

Task 2. Solve the following situations.

1. Franklin engaged in extensive negotiations with Harlow in connection with the proposed
purchase of Harlow's factory building. Which of the following must Franklin satisfy to
establish a binding contract for the purchase of the property in question?
(a) Franklin must obtain an agreement signed by both parties.
(b) Franklin must obtain a formal, detailed, all-inclusive document.
(c) Franklin must pay some earnest money at the time of final agreement.
(d) Franklin must have a writing signed by Harlow which states the essential terms of the
understanding.

2. Which of the following is true with respect to an easement created by an express grant?
(a) The easement will be extinguished upon the death of the grantee.
(b) The easement cannot be sold or transferred by the owner of the easement.
(c) The easement gives the owner of the easement the right to the physical possession of
the property subject to the easement.
(d) The easement must be in writing to be valid.

3. Abrams owned a fee simple absolute interest in certain real property. Abrams conveyed
it to Fox for Fox's lifetime with the remainder interest upon Fox's death to Charles. What
are the rights of Fox and Charles in the real property?
(a) Charles may not sell his interest in the property until the death of Fox.
(b) Fox has a possessory interest in the land, and Charles has a future interest.
(c) Charles must outlive Fox in order to obtain any interest in the real property.
(d) Any conveyance by either Fox or Charles must be joined in by the other party in order
to be valid.

4. The failure to record a deed will

(a) not affect the rights between the parties to the deed.
(b) constitute a fraud upon the creditors of the seller.
(c) defeat the rights of the buyer if the seller subsequently conveys the property to a third
party who has actual knowledge of the prior conveyance.
(d) be disregarded in respect to the rights of subsequent third parties if the deed is a mere
quitclaim.

5. The town of Arbondale puts on an annual festival at the town fairground, which is noted
for its meager access. Three farms surround most of the fairground, and the town council
asked for and received signed documents from each of the farm owners providing that "for
the period of July 12 through July 15 for a period of 10 years from date the undersigned
owners do grant to the town of Arbondale the use of each of their main farm roads for
fairground festival purposes." Under these circumstances,
(a) the farm owners have transferred the roads to Arbondale in fee simple for the stated
term.
(b) the fairground is the dominant tenement and the farms are the servient tenement.
(c) an easement was created by reservation.
(d) a mere license was created.

6. A grandfather deeded his farm to Tommy, his grandson, and Tommy's wife, Thelma,
using the following language, "unto my grandson Tommy and his wife Thelma for and
during the term of their natural lives and after their death to the children of Tommy and
Thelma that shall be born to their marriage as shall survive them and to their heirs and
assigns in fee simple forever." Five children, four sons and one daughter, Cherry, were
born of this marriage. All had grown up by the time Thelma, their mother, died. Two years
after Thelma's death the daughter, Cherry, died leaving one son. Tommy passed away the
next year. Issue then arose about who owned the farm in the light of the language in the
deed from the grandfather.
What type of realty interests were created in the deed? What interest did Tommy and
Thelma possess? What interest did Cherry possess? Who owns the farm?

7. The Warners contracted for the purchase of a residence next to an apartment complex
which had an attractive and large swimming pool. Register Corporation, the seller, also
owned the apartment complex and included in the contract the language, "the use of the
apartment swimming pool to be available to the purchaser and his family." However, at the
settlement of the purchase the deed given to the Warners made no mention of the use of the
swimming pool. Later the Warners hired a realtor to sell their property, and such agent told
prospective buyers that the use of the pool next door went with 'the property. Tedder
entered into a purchase contract with the Warners, but neither the contract nor the later
deed mentioned the swimming pool. After the closing Tedder demanded of Register the
use of the swimming pool. Register refused permission. Both the Warners and Tedder are
willing to testify that the use of the pool was an inducing cause for the purchase of the
property. The court stated that the law of real property would govern this question.
What type of property right was granted the Warners from Register upon the first
purchase? What success would Tedder have in this case?

2.7. REVIEW. LANGUAGE AND GRAMMAR FOCUS

Ex.1. Verb tenses. Read the text about an unusual home. Put the verbs in brackets into the
correct tense.

HOME IS WHERE YOU MAKE IT!

Frank Webb has a most unusual house, a former ladies’ lavatory in Kew, south-west
London.
As soon as Frank heard that someone (1) ……. (try) to sell the ladies’ loo, he wanted it. He
was sure that he could make the building, which (2) …………. (situate) next to the famous
gardens at Kew, into a beautiful home. Now he’s very busy – he (3) ………. (convert) it
into a one beautiful house.
“It might seem rather odd to want to live in a place which used to be a lavatory,” he said,
“but I (4) ………….. (think) it’s really beautiful.”
He was divorced recently, and he needed somewhere to live. He knew he wanted
something small but unique. “A friend (5) …………. (tell) me about it. I think she (6)
……….. (joke), but it was exactly what I (7) ………… (search) for.”
He is 57. His 25-year-old daughter, Kathy, (8) ………. (love) the place, too. She (9)
……….. (help) her father with the work for the past few weeks as she has been on holiday.
He advises visitors not to go into the kitchen. “It (10) ………. (decorate) at the moment,
and it looks awful.”
Since he bought the lavatory, several ladies (11) …….. (knock) on the door, wanting to use
it. He lets them use his own bathroom. When he first saw the building, it (12) ……….. (not
use) for several years, so it was in quite a mess.
It (13) ………… (build) in 1905. It is very solid, so he (14) ……. (not have) to do any
work on the walls or roof. He (15) …………. (pay) £60,000 for it a year ago, and since
then he (16) ………. (spend) an extra £20,000 putting in an upper floor for the bedroom. “I
like the thought that my home has a history,” he says with great pride.

Ex.2. Verb tenses. Read about Pat and Ronald Thomas, who live on a train. Put the verbs
in brackets into the correct tense.
AT HOME ON A TRAIN.
Pat and Ronald Thomas (1) ………. (not live) in a caravan, but their home (2) ……….
(travel) more miles than any other house in Britain! Their house (3) ……….. (make) from
a pair of Victorian railway carriages, and they (4) ………. (live) there for ten years. “I (5)
………. (not want) to live in a train at first,” admits Pat, “but when I (6) ……… (see) that
this train had a garden with a stream, I just (7) …….. (fall) in love with it. We (8) ………..
(buy) it from an old lady, and she (9) ……… already ………. (do) a lot of work on it. But
there is a lot left to do and we (10) ………. still …… (make) improvements.”
Visitors are often surprised to see how spacious the house is. All the dividing walls (11)
……. (remove), so now the rooms are about 15 meters long.
Pat and Ronald (12) …….. (pay) £68,000 for their house. Recently they (13) …….. (offer)
more than £100,000 for it, but it’s not for sale.
“I (14) ……….…. (discover) more and more about the history of this train all the time,”
says Ronald. “It (15) ……… (build) in Swindon between 1855 and 1875. We (16) ……..
(work) so hard to make it beautiful that I don’t think we (17) ….. ever ……. (sell) it,” he
admits. “I hope it (18) ……… (remain) in our family forever.”
Ex.3. Verb tenses: past simple or present perfect. Choose the correct verb form for each
of these sentences.

1. Our lawyers represented / have represented landlords, property owners, developers and
tenants in a wide range of real-estate and real-estate financing litigation.
2. Last month, our firm won / has won an important suit involving property owner and
occupier liability.
3. In the past ten years, the attorneys in our firm handled / have handled a large number of
landlord/tenant disputes.
4. Since it was founded, our firm advised / has advised clients on the full range of property
issues.
5. In the year 2004, the real-estate department of our firm was involved / has been involved
in a successful civil lawsuit concerning a large commercial development.

Ex. 4. Verb tenses. Complete the letter with appropriate forms of the words in brackets.

Dear Mrs. Grenfell

I am writing to you in your position as a secretary of Cliveden Mansions Residents’
Association in connection with the problem of residents leaving bicycles in the common
entrance hallway.
My wife and I have yet again been having a lot of trouble with Steve and David Brown, the
tenants of flat 16 on the first floor, and we feel it is high time this persistent source of
dispute (1) …………….. (finally\resolve). These tenants own two bicycles which they
insist on leaving in the entrance corridor. No doubt you are aware that the leases of all the
flats in our building require that the entrance (2) ………… (keep clear) of obstruction at all
times. The local fire officer has also pointed out to me that under the building regulations
the common entrance corridors to flats must be treated as if they (3) …………… (be) exits
of a public building, and are therefore subject to the same restrictions as those in force in
theatres, cinemas, etc. Supposing the corridor (4) …………. (block) with bicycles and
there was a serious fire? We might all be trapped in our flats.
Apparently last month you told the Browns that they could keep their bicycles there for a
temporary period. Well, I certainly wish you (5) ……………… (not\agree) to that, because
they continually use this as an excuse when we ask them to remove the bikes. I have
pointed out to them that there is space to store bicycles in the back yard, although I would
sooner they (6) ………….. (keep) the bikes in their own flat as the presence of two
mountain bikes might attract thieves. They say that there isn’t any space in their flat and I
wish I (7) ……………. (able to) offer them somewhere else. But, as you know, all the
space in the bicycle shed is now allocated. Unfortunately they still seem unwilling to move
their bikes, and their intransigence is beginning to seem deliberate. It isn’t as though we (8)
…………….. (not\tell) them about this on numerous occasions. In fact it has now reached
a stage where I feel I must insist that the chairman of the residents’ association (9)
……………. (demand) they remove the bicycles forthwith.
We would rather (10)……………… (not\have to\refer) this matter to our solicitors but we
feel that if the residents’ association is unable to resolve the matter, we will have no
alternative.
Yours sincerely,
Haward Blenkinsop

Ex.5. Vocabulary: distinguishing meaning. Which word in each group is the odd one
out? You may need to consult a dictionary to distinguish the differences in meaning.

1. to rent to lease to license to let

2. lessee grantee heir tenant
3. to fulfill to comply with to set forth to satisfy
4. capability opportunity competence ability

Ex. 6. Word formation. Complete this table by filling in the correct adjectival form of the
nouns listed.
Underline the stressed syllable in each word with more than one syllable.

NOUN ADJECTIVE NOUN ADJECTIVE

statute statutory inheritance
reason prospect
negligence necessity
capability safety

Ex. 7. Vocabulary: completing clauses. Complete the clauses below from a tenancy
agreement using the words in the box.

deemed harmless herein liable Lessee Premises quietly reasonable

rules thereon

1. INSPECTION OF PREMISES. Lessor and Lessor's agents shall have the right at all
reasonable times during the term of this Agreement to enter the …………. for the purpose
of inspecting the Premises and all buildings and improvements ……….. and also for the
purposes of making any repairs, additions or alterations as may be ……………appropriate
by Lessor for the preservation of the Premises or the building.
2. INDEMNIFICATION. Lessor shall not be ……….. for any damage or injury of or to
the Lessee, Lessee's family, guests, invitees, agents or employees or to any person entering
the Premises or the building of which the Premises are a part or to goods or equipment, or
in the structure or equipment of the structure of which the Premises are a part, and
……….. hereby agrees to indemnify, defend and hold Lessor ………….. from any and all
claims or assertions of every kind and nature.
3. QUIET ENJOYMENT. Lessee, upon payment of all of the sums referred to …………
as being payable by Lessee and Lessee's performance of all Lessee's agreements contained
herein and Lessee's observance of all ……………. and regulations, shall and may
peacefully and ………………….. have, hold and enjoy said Premises for the term hereof.

Ex. 8. Collocations. Match the nouns in the box with the verbs below which they
commonly collocate with. Some of the nouns collocate with more than one verb. Consult a
dictionary if necessary.

contract lease premises regulation requirement site statute tenancy

1. abandon:
2. comply with: contract
3. terminate: contract

Ex. 9. Sentence completion. Complete these sentences using a suitable verb from the list
in Exercise 7. Some verbs are needed more than once.
1. The fact that tenants abandon the premises will not normally relieve them from the duty
to pay rent.
2. The security deposit will be refunded if you ……………. the lease.
3. The agreement contains a provision allowing the landlord to ………… the tenancy
within six months of the beginning of the tenancy.
4. In the case of the non-payment of rent by the tenant, the landlord has the power to ……
the lease.
5. A lease which does not ………….. the aforementioned requirements is wholly void.
Ex. 10. Adjective or adverb? Choose the correct options to complete this text, in which a
lawyer explains what quiet enjoyment means to a client.

A covenant for quiet enjoyment is 1) normal /normally contained in any 2) good- / well-
drafted lease. The term 'quiet enjoyment' refers to the right of a tenant to use and enjoy a
property and not be interrupted by an act of the landlord. It doesn't 3) actual/actually refer
to noise, as you might think. For example, there are 4) specific / specifically things a
landlord may not do, such as 5) continual/continually obstruct access to the premises. He is
also not permitted to cut off or 6) persistent / persistently interrupt the gas or electricity
supply. However, a 7) temporary / temporarily inconvenience does not qualify as breach of
the covenant of quiet enjoyment, and so a landlord is permitted to carry out 8) essential /
essentially repairs, for example.

THE PASSIVE VOICE

Match the beginning of the sentence on the left with its ending on the right.
1. The experiment a been held recently?
2. The mail b was erected three hundred years ago.
3. These machines c was being looked for everywhere.
4. When can the new equipment d will be described in several journals.
5. e are made and contracts are signed in this
It's a pity the concert
office.
6. f is being designed by several well-known
Are the orders
architects.
7. If we use the old methods, a lot of g were built with very simple tools many years
time ago.
8. Something important h was not recorded.
9. No decisions i are going to be tested again
10. This monument j have been taken yet.
11. Offers k was being discussed, so I sat down to listen.
12. Have any interesting exhibitions l
may be wasted and very little be achieved.
or fairs
13. All these little wooden houses m always fulfilled in time?
14. The future church n is usually brought at 9a.m.
15. The lost dog o be installed?

Change the following sentences into the Passive Voice.

A using the Indefinite Tenses (give two forms where possible).
Examp1e: Tom gave her a book. - She was given a book. The book was given to her.
1. He broke my watch. 2. The teacher explained the rule to the students. 3. He often asks
me to help them. 4. They usually do written exercises in class. 5. She will make a new
discovery soon. 6. Steve will make a report at the conference. 7. They play tennis all year
round. 8. His friends never forgave his betrayal. 9. The manager offers me several jobs.
10.They will promise you much, but don't imagine they will give you everything. 11. His
parents regularly sent him parcels with fruit from their garden. 12. They will give me a
leave in July if there is no urgent work. 13. The Spanish government offered Columbus
three ships. 14. They usually send their children to camp for summer. 15. The officer
charged him with a very important mission. 16. I'm sure we'll settle the matter easily. 17.
The policeman fined the driver for exceeding the speed limit. 18. Somebody calls her every
day. 19. We request the passengers leaving for London to register. 20. The manager will
sign contracts tomorrow.
B using the Indefinite Tenses (pay attention to prepositions).
Example: She looks after him well. - He is well looked after (by her).
1. We sent for the police. 2. They speak much about this book. 3. They often laugh at him.
4. They listened to our conversation very-attentively. 5. I think they will wait for us only in
a week. 6. Nobody took notice of his late arrival. 7. We looked through all the
advertisements very attentively. 8. He was a brilliant speaker, and whenever he spoke, the
audience listened to him with great attention. 9. They will look after him in hospital much
better. 10. Everybody looked at her new dress with interest. 11. She sent them for a taxi.
12. People will talk much about the successful performance of the young actress. 13. They
always make fun of him. 14. The teacher pointed out gross mistakes in the translation. 15.
He referred to very interesting plans. 16. They agreed upon Monday as the most suitable
day. 17. He did not touch upon this question unfortunately. 18. They spoke to him about
his promotion yesterday.
C using the Continuous Tenses.
Example: They are solving a difficult problem now. - The problem is being solved now.
1. Don't come in! The professor is examining students. 2. Can I read the article? - No, the
secretary is typing it. 3. We had to hurry. They were waiting for us. 4. It was noisy.
Nobody was listening to him. 5. Does he realize that they are laughing at him? 6. Look at
this man. I think he is following us. 7. Listen carefully! He is giving a very interesting talk.
8. The waiter is serving us rather fast. 9. The secretary was looking through morning mail.
10. The interpreter is translating their conversation rather well. 11. The briefing is in full
swing. The correspondents are interviewing the participants of the conference. 12. The
company was developing a new project. 13. You can't watch the film now. The mechanic
is fixing the TV set
D using the Perfect Tenses.
Example: They have already brought the medicine. - The medicine has already been
brought.
1. We have repaired our house lately. 2. When the fire brigade came, the fire had destroyed
the building. 3. The athlete has shown much better results since this coach trains him. 4. I
will have answered all the business letters by noon. 5. The president of the board has
signed the document. 6. Is she washing the floor? - No, she has already washed it. 7. By his
arrival they had repaired his car. 8. He has booked the tickets and the clerk will have
brought them by 2 o'clock. 9. They had painted the house by his arrival. 10. The police
haven't found the reason for the accident yet. 11. Have you touched anything here? 12. The
sociologist has interviewed a lot of students. 13. Have they tested all the machines? 14.
The flood has caused considerable damage. 15. John will have received the papers by
tomorrow.
E using modal verbs.
Example: He can do this work. - The work can be done (by him).
1. She can find a job easily. 2. The matter is urgent. They should phone her immediately. 3.
The boss wants Mr. Black. You must find him. 4. I can make an interesting offer to you. 5.
He's got a pay rise and now they can buy a new house. 6. You must send the document as
quickly as possible. 7. The weather is warm. She may plant the flowers. 8. The document
is of great importance. He must show it to us. 9. He must give back the book on Sunday.
10. Their kitchen is large and they can use it as a dining room. 11. Ecologists say that we
should take care of our planet. 12. You must send for the doctor immediately. 13. The
lecture is over. You may ask questions. 14. You should avoid the center of town during
rush hours. 15. They agreed that the club should raise membership fee.
Choose the correct grammar form to translate a predicate.
1. Цей будинок суду було збудовано минулого року.
a) was being built b) has been built c) was built
2. Зараз тут будується новий супермаркет.
a) is being built b) is building c) is built
3. На цьому засіданні суддя пояснив нам зміст справи.
a) had been explained b) was explained c) has been explained
4. Нова будівля університету була вже збудована коли я поступила на юридичний
факультет.
a) was built b) has been built c) had been built
5. Студентів екзаменують двічі на рік.
a) are being examined b) is examined c) are examined
6. «Ви були неуважні, коли пояснювалося це правило», сказав викладач.
a) was explained b) had been explained c) was being explained
7. Квіти вже политі.
a) are watered b) have been watered c) were watered
8. Такі столи виробляються з коштовної деревини.
a) are being made b) have been made c) are made
9. Цей доказ ніколи не демонстрували суді.
a) has never been shown b) was never shown c) had never been shown
10. Мою квартиру відремонтують до суботи.
a) will be repaired b) will have been repaired c) is being repaired
11. Списки все ще друкуються.
a) are typed b) are being typed c) have been typed
12. Їх ще не запросили.
a) were not invited b) had not been invited c) have not been invited
13. Вас повідомлять про це завтра.
a) will be informed b) will have been informed c) are informed
14. Коли я увійшов, засідання було перервано.
a) had been interrupted b) was interrupted c) has been interrupted
15. Земля була вкрита снігом.
a) was being covered b) was covered c) had been covered
Open the brackets and use the verb in the appropriate form of the Passive Voice.
1. The first draft resolution (not discuss) yesterday; it (withdraw) long before the beginning
of the meeting. 2. He is not in town; he (send) on a special mission. 3. Don't come into the
compartment; the berth (fix) now. 4. A new underground line (construct) now. They say
one of its stations (build) in my street. 5. He wants to know when the final decision (take).
The activities of the committee and their delays already much (speak) about. 6. It was three
o'clock. We (tell) to hurry up because we (wait). 7. Do you believe that such a problem can
(solve)? 8. It must (do) without delays. 9. On September 9, 1850, California (admit) to the
Union as the thirty-first state. 10. Don't speak in a loud voice: we (listen) to. 11. The plan
(approve)? - No, it (discuss) now. - How long it (discuss)? 12. By the time he arrives
everything (settle). 13. Not all the necessary things (buy) for our trip that's why the
departure (postpone). 14. The money (lend) to him two months ago, but it (not give) back
yet. 15. The business day was in high gear: the mail (look) through, documents (type),
letters (answer), talks (hold). 16. Wait a minute. The table (lay). 17. Dynamite (invent) by
Alfred Bernhard Nobel. 18. This exercise may (write) with a pencil. 19. This work (do)
before you went to Moscow? 20. If you (ask) about it, will you be able to answer?
Find and correct the mistakes if any.
1. Don't bring the article today. It will be being typed only tomorrow. 2. The South Pole
was discovered by Amundsen in 1912. 3. The book which was written last month is
discussing a lot. It has been written a lot of articles about. 4. When I came, an experiment
was been holding in the lab. 5. Do you know that this house was belonged to Mr. Brown?
6. What new buildings have been built in your town since I was there? 7. The building was
collapsed during the earthquake. 8. Have you seen him? Has he been changed much? 9. Do
you know that you are following? 10. I hope this journal can find at the library.

Speaking Tasks: You are expected to speak for about three-four minutes.
 1. What is real property?
2. Describe the difference between real property and personal property.
3. Tell about four types of freehold estate.
4. Describe the difference between a freehold estate and leasehold.
5. Tell about the types of easements.
6. Tell about the duties of a fee simple owner.
7. Tell about life estate and remainder interest.
8. What are the clauses of a lease? Tell about quiet enjoyment.
9. What are the rights and obligations of a Landlord?
10. What are the rights and obligations of a Tenant?

Task 4: COUPLE ARE TOLD TO TEAR DOWN THEIR £750,000

HOME

You are taking an introductory legal course. You have been asked to analyze the following
case. Read the article and try to find solution to the problem. Then read the real outcome
of this situation and compare it with your guess.
By Lucia Morris Daily Mail, Monday, August 14, 200.. They had permission for a
bungalow… but this is what they built instead
Nestling in the New Forest, the recently completed five-bedroom house with 11 acres and
its own lake has been valued at £750,000 by estate agents.
But because of a ‘blatant’ breach of planning regulations, the bulldozers could soon be
moving in –knocking down the value of the desirable country house to precisely nothing.
Ken Duffy, a former nightclub owner and mechanical engineer, has laboured on the project
7 days a week for the last two and a half years.
‘Can you imagine what it would feel like to knock something down which you have spent
so long to build?’ asked the father of three last night.
‘I would be devastated – and bankrupt.’
But his attempts to paint himself as the victim cut no ice with New Forest District Council.
It says that throughout the building work, Mr. Duffy was repeatedly warned that he had
permission only for a bungalow with less than half the floor space he chose to construct.
Head of development control Chris Elliot said: ‘Mr. Duffy’s actions are the most flagrant
breach of planning permission I have ever come across.’
The roots of the dispute are in 1997, when Mr. Duffy and his wife Jacky bought the plot
with planning permission for a bungalow and the family moved down from London.
‘We asked the planners at the time whether we could build a house here and they said no,’
he recalled. ‘So we went to appeal to allow us the opportunity to have habitable roof space
– an upstairs room under roof. We also asked for permitted development rights, which
allow us to add extra space to our home. Everyone in England is allowed this as a matter of
right and you can add up 50 cubic meters in the roof space. We won the appeal and I began
to build the house. As far as I am concerned, I have fulfilled any criteria that the council
wanted.’
Mr. Duffy, 46, lavished around £250,000 on the building work on the plot in the
Hampshire village of Ossemsley, near Limington.
With planners determined to stand their ground, he is now instructing a solicitor and
appealing against the enforcement notice, which instructs him to demolish the property
within 6 months.
His 41-year-old wife is finding the prospect of losing her home daunting after recently
gave birth to Melissa, a sister to Connor, six, and Eamonn, four.
‘The council is quite happy to make my children homeless without giving us a fair say. We
were allowed just one and a half minutes to put our point across to the planning committee.
I think they had already made their minds up well before they heard from us. I’m just in
total disbelief that the council could tell us to knock it down because I still believe that we
are right and they are wring.’
The couple took their children to the committee meeting last week to highlight the impact
that the decision would have on all the family.
The property cannot be seen from the road and neighbours have no view of it but the
council is adamant that its committee came to the right decision.
Mr. Elliott added: “Mr. Duffy was told repeatedly that he didn’t have planning permission
for a house of this size and would have to face the consequences if he continued to build it.
We’ve done our best to advise him throughout that the building he was constructing didn’t
comply with the planning permission he had been given. All warnings have not been
heeded. The floor area is twice as much as is permitted and he doesn’t qualify for
permitted development rights because this right only applies once the building is
completed. Then you can extend it, but not before. In a nutshell, the building must come
down.’

A. Discuss this case in small groups. What problems do you see with the way Ken
Duffy is managing this situation.
Problems.
1. ________________________________________________________________
____________
2. ________________________________________________________________
____________
3. ________________________________________________________________
____________
B. What steps can Ken Duffy take to solve his problem and save his house?
1. ________________________________________________________________
____________
2. ________________________________________________________________
____________
3. ________________________________________________________________
____________

Daily Mail, Thursday, March 22, 200..

Your house is illegal but it’s your human right.

A £750,000 house condemned as the most flagrant breach of planning permission has been
saved from the bulldozers so as not to infringe the human rights of the owner.
Planners ordered Ken Duffy to demolish his five-bedroom ‘chalet bungalow’ in the new
Forest saying he had built it twice the size they gave him clearance for. But he has
successfully appealed against the order, even though the inspector hearing the case agreed
the house seriously harmed an area of natural beauty and should never have been built.
Howard Russon said it would not be right to render the former night club owner, his wife
Jacky and children Connor, six, Eamonn, four, and baby Melissa, homeless and bankrupt.
It is the first time the human rights legislation which came controversially into force in
October has been used in a planning dispute and could have serious implications for
development laws.
Even Mr. Duffy,46, who spent two years building the property after moving to Hampshire
from London, is surprised by the view taken by Mr. Russon Mr. Duffy simply maintains he
broke no laws in the first place. ‘I am obviously over the moon but a bit surprised by the
reason for allowing the appeal’ he said. ‘I believe that I built a home I was fully entitled to
build and so accordingly I appealed against the council’s order’.
Mr. Russon backed the view of New Forest District Council that the house, in Ossemsley,
near Limington, bore no relation to the bungalow the plot of land had planning permission
for, but decided they were not entitled to knock it down. ‘The erection of this large
detached dwelling has seriously harmed the character and appearance of this vulnerable
rural area,’ he said. I am therefore in no doubt that the retention of this dwelling has
undermined the objectives of local planning policies aimed at protecting the very special
landscape of this part of the New Forest.’ But he went on: ‘The appellant drew my
attention to the human rights legislation that makes it clear that everyone has the right to
respect for his private and family life, his home and correspondence.’ ‘In this case I
recognize that by upholding the enforcement notice in its present form the appellant and
his young family will be made homeless.’ ‘In this situation it seems to me there would be a
violation of the appellant’s Human Rights under article 8.
‘I fully accept that these rights have to be balanced against the public interest and the need
to protect the environment through the application of restrictive planning policies.
However, the private costs in this case are very substantial and include the loss of the
family home and possible financial ruin of the appellant.’
The Council is preparing an appeal to the High Court. ‘The implications of this decision
are so great that it is inevitable we shall appeal,’ said Chris Elliot head of development
control. ‘My planning colleagues across the country would expect us to appeal because it
will effectively mean we are rarely if ever able to correct things that have already been
done.’
Mr. Elliot says his officers repeatedly warned Mr. Duffy that his building was not in line
with the planning permission, but by the time they realized how far he had contravened the
plans it was too late to prevent it being finished. Local Government Association Planning
Officer Lee Searle said:’ A lot of Human Rights decisions are in the test process. If this
case goes further, through the full legal process, the nit will enable case law to be argued in
the future. This particular one sounds difficult and quite alarming.’
Human Rights Appeal Quashed – October 200_.
NFDC challenged that decision in the High Court and the Secretary of State and Mr. Duffy
have submitted to judgement. If this decision is used against authorities they need to be
aware that it has been quashed. Details awaited from the Planning Inspectorate and New
Forest District Council.

Task 7: Test your knowledge with this quiz.

1. Rearrange the letters in bold to make a word: the absolute right to hold land or property
for an unlimited time without paying rent is called rofedleh.
2. What is the difference between the answer to number 1 above, and the word leasehold?
3. True or false: the way in which a piece of land is held (as in 1 and 2 above) is called
land tenure.
4. Choose the correct word in bold to complete this definition: a person or company which
rents a house, flat or office in which to live or work is called a tender / tenure / tenement
/ tenant / tentacle.
5. In Britain, a person who arranges for the sale of property is called an estate agent. What
is the American equivalent of this expression?
6. True or false: the transferring of property from one person to another is called
conversion.
7. When you buy a house, why is it important to get the title deeds and keep them safe?
8. Imagine that you are buying a house with the help of a mortgage from the bank. The
national interest rate looks likely to rise rapidly over the next year or so. Should you
consider getting a fixed-rate mortgage or a variable-rate mortgage?
9. If you take out a mortgage to buy a house, and you use the house as security, the
mortgage-lender might repossess (= take back) your house if you are unable to pay back
the money. What is this called? Is it: (a) disclosure (b) exposure (c) foreclosure
10. A married couple buys a house as joint tenants. Who actually owns the house? Is it: (a)
the husband (b) the wife (c) they both own it equally (d) it depends how much each person
paid towards the house.
11. The new owner of a house discovers that there is a right of way in his garden. What
does this mean?
(a) He can build another house in the garden if he wants.
(b) He must sell part of the garden after a fixed period of time.
(c) Other people can walk through his garden to get from one place to another.
(d) Farmers can let their cows and sheep use his garden.
12. A woman is buying a house. She makes a price offer, which is accepted by the seller.
She is then gazumped (1. to raise the price of something, esp. a house, after agreeing a
price verbally with (an intending buyer); 2. to swindle or overcharge). Would she be happy
or unhappy about this?
13. Choose the correct word in bold to complete this definition: a liability such as a
mortgage or charge which is often attached to a property or piece of land is called an
enforcement / encumbrance / endowment / engrossment / encroachment.
14. In Britain, house buyers must pay tax on the documents that record the purchase of the
house (if the house costs more than a certain amount). What do we call this tax? Is it: (a)
excise duty (b) customs duty (c) active duty (d) double duty (e) stamp duty
Task 8: Aunt’s heir. Look at the following series of pictures. Write a short story as if
you were the lawyer of this family.

TAPESCRIPTS

UNIT II. THE RIGHT TO HOUSING.

Listening 1 A.
The nation was horrified when a local council house worth £200,000 was given to
unemployed Tim Ellis completely free. Tim, 38, who has never paid any council tax or
rent, has been squatting at the four-bedroomed terraced house for the last 16 years.
According to the law, you are entitled to own a property if you are there illegally for more
than 12 years without anyone checking that the house is really yours. In this case, the
council had simply forgotten that it owned the house.
The council apologized for letting Tim ‘slip through the net’, but other squatters are now
queuing up to claim ownership of homes they live in too. Meanwhile, the rest of us are
sitting in our small rented bedsits and asking ourselves the question “If everybody did this,
nobody would need to pay any rent, so should this be allowed to happen?” We decided to
go and find out.

Listening 1 B.

Look, I know I might sound like my Dad here, but when layabouts like him can own a
home and normal hard-working people can’t afford a home, then the world really has gone
mad! Many taxpayers have trouble affording even a one-bedroom flat – and yet some
nobody can just never get a job, live in a council house paid for by taxpayers, and 12 years
later, he owns it! If the council was more organised, that building could now be giving a
home to two needy families. Tim may claim that he is a needy case, but there are lots of
older, sicker people who would benefit from the sale of the house. And, if this is legal, why
don’t we give up our jobs, everyone of us, stop paying rent and be as free as a bird? I can’t
afford to buy my own house – is that my fault, just because I work full-time and pay my
tax? I say throw Tim out, tomorrow!

Listening 1 C.

OK, it’s a frustrating situation for most people, but, let’s face it, you have to admire Tim.
He hasn’t broken any laws or done anything wrong – he’s simply beaten the system! It’s
not his fault that the council made a mistake. In fact, ten years after Tim moved in, the
council did actually order him to leave. But he stayed where he was and they didn’t bother
to do anything else about it. If they’d acted before the 12-year deadline, they would have
got the property back. But they let it go. Now they’re paying the price! In a way, you could
call Tim a sort of a businessman. A capitalist society encourages people to take advantage
of opportunities – and that’s what he did. So instead of criticizing him, we should
congratulate him!

Listening 1 D.

Ann: What can we do about the homeless?

Jeff: Surely the government provided more shelters with food and accommodation they
would get people off the streets?
Jill: But wouldn’t it be better if the government provided more cheap permanent
housing. Hostels are just a temporary solution.
Ann: And what about unemployment?
Jill: Well, the government could pay people to stay in education longer.
Jeff: But that would be very expensive. I think the best thing would be to encourage
people to look for jobs elsewhere.

Listening 2 Types of easements.

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 time.
The reason for this might be to allow access to property during construction, for example.
The second type of easement, a permanent easement, lasts for an indefinite period, as the
name suggests. Permanent easements can be classified into three common types. These 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 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 subdivided.
Let’s move on to the second type of easement, 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
means that the use has to be clearly visible. The use of the land must have been continuous
for the statutory period, which is 20 years in our jurisdiction.
Finally, I’ll come to 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 subdivision is created by
dividing a property into two or smaller lots. One important subtype 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…

Listening 3A. Phoning a landlord

L = Landlord A = Angela

L Hello. 6785423.
A Hello. I saw your advertisement for the room.
L Oh, oh yea. That's right.
A I wonder if you could give me some more information?
L Yea, well, well what would you like to know?
A Well, I was wondering ... Er ... What's the rent?
L £35 a week.
A And what does that include?
L The room, obviously. It's your own room. You don't have to share. It's a single room.
You share the bathroom and you can use the kitchen, but there's no meals included.
A Right, uhm ... and what about heating?
L No, no you don't have to pay for that. There's central heating in all the rooms, so
there's nothing extra to pay there.
A Oh lovely, and do you want the rent weekly? Is there a deposit?
L You have to pay weekly, on a Monday. And there's a one-week deposit, payable in
advance.
A Right, that sounds fair. Are there any particular house rules, you know, that I've got
to keep to?
L How do you mean?
A Well, like what about guests and hours?
L Oh yea, well you can come and go as you want, of course, but you must pay a deposit
for the front door key. That's separate from the other deposit, I'm afraid.
A I see.
L As for guests, they should be out by eleven o’clock. We don't like to say that, but
we've had a bit too much trouble, so we have to say it.
A Right. Is it quite near public transport?
L Oh yes. Five minutes to the tube station, and the bus stop is just round the corner with
buses into town every ten minutes or so.
A Lovely, it sounds very interesting. Do you think I could come and have a look at it
this evening?
L Yea, of course. I'll give you the address. Now, it's 35, Chestnut Avenue, Walton,
How’ll you be coming?
A By car.
L Well, it's just by the police station and the library.
A Yes, well I know it. If I come about eight is that all right?
L That's fine. Could you tell me your name?
A Angela Smiley.
L Right. I'll see you around eight. Goodbye.
A Bye-bye.

Listening 3B. Owning vs. renting

Todd and Akane debate house renting vs. house owning.

Todd: So, Akane, I was talking with my friend and he’s just recently married and he was
wondering should he rent a home or own a home. That’s a tough call. What do you think?
Akane: It is a tough call but I personally prefer to rent.
Todd: Really? So why would you rather rent?
Akane: Well, because there’s just no extra costs. You don’t have to pay for extra things
like maintenance and just keeping up your home. When something gets broken you don’t
have to pay to get it fixed. Property tax is already included, things like that.
Todd: Yeah but if you own a home I mean first of all I think the biggest reason is you’re
not throwing money away, it’s a solid investment. You can actually make a profit on the
home later on.
Akane: That’s true but with this day and age you really never know when you’re going to
lose your job or if you’re going to have to move for job reasons and for that reason I think
that if you’re stuck with a mortgage and you lose your job then you won’t be able to pay it
and what if you can’t sell it?
Todd: That’s a good point actually but you could always rent the house out, right, so…
One common thing that rich people all have is that they own property and they own real
estate.
So you could just rent it to someone else.
Akane: Well that’s a good idea but still I think that’s a lot of work for somebody as busy
as me and I’m not a rich person.
Todd: That’s how you get rich!
Akane: Right! Well, I don’t think I could be bothered with the hassle of renting to
somebody and first you have to find someone to rent it and then you have to make sure that
they pay the rent and then you have to make sure that things are fixed It’s too much of a
headache for me.
Todd: That’s a good point. You know, actually I think the main reason why I would ever
want to own a home is because you could have a dog.
Akane: Oh that’s a great reason; I love dogs.
Todd: When you rent a house often they won’t allow you to have a pet.
Akane: That’s true. Well you can have a cat or fish and maybe a hamster.
Todd: True, but if you’re a dog lover it’s not the same thing.
Akane: I guess so.
Listening 3C. Owning vs. renting

Mark and Todd debate house renting vs. house owning.

Todd: So Mark, you are going back to America. (Yes) Man, where are you going to live
when you go back?
Mark: Well, temporarily, I'll stay at my parents in Birmingham, Alabama.
Todd: OK, and where're you gonna live after that?
Mark: Well, I'm not sure. I might move down to South Florida. Florida is kind of my
second home, and, yeah, I'd like to actually one day, get a house down there.
Todd: Oh, really.
Mark: Yeah.
Todd: You're just going to buy a house?
Mark: Well, I'd like to someday. I mean, I prefer to own my own home instead of always
renting an apartment somewhere.
Todd: Yeah, but see, I think it's better to rent, cause you know, when you rent a house, you
don't have to worry about losing your job, or if you have to relocate. You don't have to
worry about if there's a natural disaster, and in Florida you seem to love those hurricanes
down there.
Mark: That's definitely true.
Todd: You know.
Mark: But there's something about owning your own house, that's just, this is my house
but I'm renting. It's like someone else, you know, I mean someone else does own your
house, and you know, there's that feeling of like, you depend on them, you know for
lodging but if it's your house, you own it, then there's a sense of independency there.
Todd: Yeah, that true. That's a good point but on the other hand, I just love my free time,
and when you rent, you just got more free time. You know when you own a house. You
have to do maintenance. You have to do all the paperwork for taxes, and you know, city
government stuff, like that. When you rent it's just really easy.
Mark: Well, you know, the maintenance stuff can be fun. It depends on how you look at
it. Like, you know, if it's your house, you actually might be motivated to make it look
better cause it's, you take pride in, you know, where you live and it's your house, and what
do you do in your free time anyway? Like what do you do in your free times?
Todd: What do I do in my free time?
Mark: Yeah.
Todd: Well, I don't fix pipes and work on plumbing and garden, that's for sure.
Mark: But, well, but why not? I mean.
Todd: Good point. That's true.

Listening 4A. Noisy neighbours I

Speaker 1. We used to live above a gym. They did aerobics and all that kind of thing. I say
‘used to’ cause they had to close it down and go somewhere else. Some of the neighbours
got together, see, and got someone from the council to come round. Thing was, they
weren’t too happy about all that jumping up and down – said it made too much of a racket.
It didn’t bother me, though – live and let live, I say. We’ve all got to make a living
somehow. I even went down and had a quiet word with the chap that ran the place.
Somebody had to let him know what the neighbours were up to – ganging up on him
behind his back, they were.

Speaker 2. The trees in the neighbour’s garden are enormous. Absolutely huge, they are.
They’re the kind of fir trees that grow very tall, very quickly – and they don’t take much
looking after, either. Well, we had to say something. We don’t see the sun out of our
window till about half past eleven, it’s that dark in our front room. Anyway, she got a bit
cross when we mentioned it to her. In some ways, I suppose, it’s understandable. I mean, it
wasn’t her that planted them – they were there when she moved in. But we weren’t asking
her to chop them down or anything – just cut them back a bit. She said she’d have to think
about it.
Speaker 3. Nothing but trouble, that man. Fancy complaining about cockerel! What does
he expect? We live in the countryside, we have animals. Threatened to shoot it, he did, or
any other living thing that kept him awake and affected his nerves. What nonsense! A few
crows every morning at 5, that’s all it did. That’s hardly going to bring on a nervous
breakdown, now is it? Anyway, the silly man took the whole thing to court. Wanted them
to force me to have it destroyed. Poor thing. I’d rather have sold it than do that. They saw
the sense, thankfully, and just told me to keep it away from his bedroom window.

Speaker 4. Night after night he’d have his television blaring out at full volume, and all we
could do was sit there, seething. He said he couldn’t hear if he had it on any lower. Deaf as
a post, he was. It really brings out the worst in you, something like that, and it put a
tremendous strain on our marriage. We were so stressed out by it all and we rowed like
we’ve never rowed before, often about the silliest of things. Anyway, we got so sick of it
all, we sold up and bought a place in the country. Shame really, because I like having
people around me and our nearest neighbours here live half a mile away. But you can’t
have everything, can you? And I’d sooner be here than next door to that telly.

Speaker 5. The problem arises when noise invades our privacy and becomes an intrusion
over which we have no control. In the case of disputes between neighbours, there is very
often a clash of lifestyles involved – it is not simply a question of how loud the noise is,
but how people perceive it, how they let it affect them. One person’s relaxing music, for
example, is another person’s unbearable din. Neighbours’ noise can bring on feeling of
aggression and hostility, which in turn leads to stress and anxiety. People become
frustrated because they feel that the situation is outside of their control, that they have no
one to turn to - the law can do very little to protect them so the noise just goes on.

Listening 4B. Noisy neighbours II

Harriet: Psss! Ozzie! Ozzie! Wake up!

Ozzie: Huh? What? What’s the matter? It can’t be seven o’clock already!
Harriet: No. It’s 1.30. It’s those people next door again. Listen!
Ozzie: Oh, yeah. They must be having another party.
Harriet: They must be waking up the whole block. And they have three young children.
Those kids couldn’t be sleeping through that racket. It’s disgusting! Somebody should call
the police!
Ozzie: They are all laughing. They must be having a good time. They never invite us, do
they?

Harriet: Ozzie!
Ozzie: Yes, dear. What is it now?
Harriet: Listen! They must be leaving.
Ozzie: At last! Maybe we’ll get some sleep.
Harriet: I hope so. It’s nearly three o’clock. Good night, dear. Oh, no! Now they are
having a fight.
Ozzie: That figures. They always have fights after parties.
Harriet: Uh-oh! They must be throwing the dishes again.
Ozzie: No, I think that was a vase, dear, or maybe the TV set – or both!

Harriet: Ozzie! Listen. There’s someone in the backyard next door.

Ozzie: Huh? It must be a cat.
Harriet: No, it can’t be. It’s too loud.
Ozzie: What time is it?
Harriet: It’s a quarter to five. Who could it be? I’d better took a look. Ooh! It’s Howard,
and he is carrying a shovel.
Ozzie: Really? You don’t think he’s killed her, do you?
Harriet: Well, we haven’t heard her voice for a while. No, she’s probably sleeping.
Ozzie: But what could he be doing at this time of the morning?
Harriet: If he has killed her, he might be burying the body!
Ozzie: What! You don’t think so, do you?
Harriet: He couldn’t be planting tomatoes, could he? I’m going to ask him what he’s
doing.

Harriet: Hello there, Howard. You’re up bright and early this morning.
Howard: I haven’t been to bed yet. We had a party last night. I hope we didn’t keep you
awake.
Harriet: Oh, no, no. We didn’t hear a thing, nothing at all. I slept like a log.
Howard: Well, it was a pretty noisy party. My wife knocked over the kids’ hamster cage
while we were cleaning up. The poor hamster died. I’m just burying him before the kids
wake up.

Listening 4B. Noise and Sound

1. door creaks open

2. door slams shut
3. “Keep quiet” – hushed voice
4. dog growls
5. “Oh dear” – squeaky\high-pitched voice
6. “Shh – listen!” - hushed voice
7. distant \ constant sound of machinery
8. bell rings
9. noise of machinery fades away
10. muffled sound of angry voices (in other room)
11. unmistakable sound of gunshot
12. high-pitched scream
13. deafening silence
14. dog whines
15. people bursting into room, shouts and fight scene – terrible racket
16. booming voice – “Get back”

Listening 5A. A House to Buy I.

J = Jeremy L = Linda

J What did you think of that place, then? Not bad, was it?
L Oh, it was lovely, it was really lovely. A very pretty house, a beautifully modernized
cottage.
J Mmm. Not as big as the house we 've got at the moment, though.
L No, not as big, it's true, but it's in a much better location, with the countryside all
around, and lovely views from the bedrooms.
J It's quite a long way from the station, isn't it? If we bought it, we'd have to drive to the
station, we couldn't walk.
L That wouldn't matter. You can walk in summer if it's a nice day. It's a lovely walk
across the park.
J I’ll tell you one thing I didn’t like, actually, and that was the low ceilings everywhere,
especially in the kitchen.
L Yes, but think how expensive it is to heat our house at the moment, and that's partly
because the ceilings are so high. If the ceilings were lower it would be much cheaper to
heat. I mean our gas bills would really go down.
J I suppose you're right. But the lounge is tiny. You couldn't get more than five people
in it.
L Yes, I know, but the thing to do with this house is to knock down the wall between the
living-room and the dining-room. Then you'd have a good-sized room. And think how
cozy it would be on a winter evening, beside that open fire. And the kitchen was big,
anyway. And nice and bright.
J Mmm ... I'm afraid I didn't like the bedrooms very much, with one on the first floor
and another two in that converted loft.
L Oh I loved the bedrooms, particul... well, all the bedrooms. They're all double
bedrooms, and with those views...
J But the main one, the main one is right next to the street, so that would be very noisy.
L But the street isn't so noisy. I mean, it's only a lane; it's not really a busy road. You
wouldn't hear very much.
J Yes, true. And I suppose the children can have the bedrooms on the top floor. The
stairs are a bit dangerous. I'd have to fix them. And the roof is leaking. If they don't do
something about that soon, the ceiling will come down. It's been raining a lot recently.
L What about the outside? What did you think of that?
J I thought it was very attractive, with the courtyard and then the garden. I bet the
courtyard catches the sun. We could eat out in summer.
L And it's quite a big garden. And that's a lovely mature apple tree right in the middle.
Lots of space for your vegetables. So what do you think?
J Well, I'm not so sure. I don't think it would be big enough for us.
L OK. Think again, then.

Listening 5A. A House to Buy II. Donna Woo is looking for a new house. She’s with the
realtor now.

Realtor: Well, Ms. Woo, this is the house that I told you about: 341 Sunlake Drive. The
owners are away, but I have the keys.
Donna: When was it built?
Realtor: It was built in 1936.
Donna: Who built it?
Realtor: I have no idea. Is it important?
Donna: No, I guess not. Is that a new roof? It looks new.
Realtor: It’s pretty new. It was put on two years ago.

Realtor: It’s in very good condition. The previous owner was a builder.
Donna: I’m worried about the electric wiring. Has it been rewired?
Realtor: Yes, it has.
Donna: Oh? When was it done?
Realtor: Five years ago. It’s been completely renovated. New central heating and air
conditioning have been put in, and a new garage has been built.
Donna: Oh? When was that done?
Realtor: The garage? Last year – I think. It’s a very solid house. It’s built of brick with a
tiled roof.
Donna: I have a little boy in elementary school. Does a school bus pass by here?
Realtor: Yes, right here on Sunlake Drive. The children are picked up at eight o’clock, and
they are brought home by 3.30.
Donna: It’s really not expensive. I’ve seen a lot of similar houses, and they are more
expensive.
Realtor: Oh, yes. It’s a real bargain.
Donna: Are there any plans for new construction in this area?
Realtor: Excuse me? New construction? Well, uh, yes, a new hospital is going to be built
about six blocks north of here.
Donna: Anything else?
Realtor: Well, a new interstate highway will be built next year. You’ll be able to get to the
city in half the time.
Donna: Where exactly will the interstate be build?
Realtor: Uh… it’ll be built just down the street. Sunlake Drive has been chosen as the
main exit for the city. It’ll be interesting. You’ll be able to watch the traffic…..

Listening 5A. A House to Buy III. Michael talks about buying a house in the U.S.
Todd: Michael, this is a beautiful home.
Mike: Yeah, we've lived here for about twelve years and it's too big for us now.
Todd: Really. It's pretty big.
Mike: Well, yeah, I mean, it's got four bedrooms and it's got this big living room area and
dining room area, and I've got two kids and both of them are in college now, so they don't
live here anymore. (Oh) So my wife and I are thinking about, you know, moving to a
smaller house.
Todd: Oh, that makes sense. Well, so where are you going to move?
Mike: Well, this area is called Walnut Creek, it's in the East Bay of San Francisco, and we
want to move into an area that's in the Berkeley Hills. It's called Orinda.
Todd: Oh, yeah. That's nice.
Mike: Oh, it's very nice. I mean it's a little more inconvenient, and it's not as convenient as
here (Yeah) but it's a little more, there's more privacy, and there's more nature, you know
more like old established trees and hills, and a little quieter, and so all those things appeal
to us, so we're looking. It's not easy to find a right place but we're, actually today we're
gonna meet a realtor, and we're going to be looking at some houses that are available and
see if you like any of them.
Todd: You know, actually, I've been thinking about getting a house. I'm kind of getting up
there in age. What is the process of buying a house? Like how do you go about it?
Mike: Well the first step to find a place is you, generally you have to work with a realtor,
somebody who has access to homes that are for sale, and then you sort of look through the
listings and you find ones that you like, that you can afford, and then you visit with the
realtor, and say you find a house that you like, like there is one that we're going to visit
today that we think we like and we're going to check it out again. After we visit we make
an offer sheet, we draw an offer sheet, that says how much we're willing to pay for the
house, and the owner looks over the offer sheet. They never meet us directly, they meet
only through their (the realtor) the realtors talk to each other. The buyer and the seller
never actually talk to each other directly, and in this case, the house is going to have
multiple offers. Many people will want this house.
Todd: OK
Mike: So they're not going to look at the offers until next week, and say five or ten people
bid on it, they're probably going to take the one, the person who offers the most money for
it, so it's competitive.
Todd: That is a tough situation.
Mike: Yeah, so sometimes you'll find a house that you love, and you can afford, but
somebody outbids you. Somebody bids more for the house than you do and you lose it, and
you have to keep looking so it can take weeks of months.
Todd: Wow, well.
Mike: To find the house you want.
Todd: Sounds tough. Good luck.
Mike: Thanks a lot.

Listening 5B. Interview between a lawyer (Ms Blackwell) and her client (Mr. Watson),
who intends to buy a house in Spain.

Ms Blackwell: Hello, Mr. Watson, very good to see you.

Mr. Watson: Hello, good to see you, too, Ms Blackwell.
Ms Blackwell: Please have a seat. Coffee, tea?
Mr. Watson: No, no thank you, I’m fine.
Ms Blackwell: Great. Well, why don’t we get down to business, then? I’ve prepared
everything you asked me for – the house looks beautiful, by the way.
Mr. Watson: Yes, it’s lovely, isn’t it?
Ms Blackwell: Right. Why don’t I talk you through the process, tell you what has to be
done so you get an idea of the process as a whole and the costs you’ll have, so you know
what to expect.
Mr. Watson: OK, fine.
Ms Blackwell: Well, buying a home in Spain is really not that complicated, especially if
you have the help of a Spanish lawyer and you basically know what you’re doing. Senor
Martinez is very reliable, his English is very good and he is quite experienced in this kind
of transaction. I’ve printed out an e-mail from him – here you are – and as you can see,
he’s waiting for you to contact him.
Mr. Watson: OK. What about his fee, if I might ask?
Ms Blackwell: He told me that he charges 1,000 euros for assistance throughout the entire
process.
Mr. Watson: That’s fine – after all, I don’t want any unpleasant surprises.
Ms Blackwell: Right. Well, first of all, Senor Martinez will draw up a power of attorney,
which you’ll have to have made official at the office of a notary. Senor Martinez will
officially translate the document for you in front of a notary.
Mr. Watson: Why do I need a power of attorney?
Ms Blackwell: That’s so your solicitor can carry out any necessary steps when you’re
back in England.
Mr. Watson: Ah, I see.
Ms Blackwell: Then the two of you’ll go to the National Police – which is called the
Policia Nacional in Spanish, I believe – to get a fiscal number, referred to as an NIE. The
next step is to set up a bank account for transferring all funds. You’ll need to have 1% of
the purchase price of the house in cash. And, of course, you’ll want to talk about financing
the house with the bank. I’m sure that Senor Martinez will be able to recommend a good
local bank.
Mr. Watson: Right. What about the contract?
Ms Blackwell: Senor Martinez will draw up a contract for you in both English and
Spanish stating the terms of the sale. It’ll also set forth the timeframe of the house purchase
and include things like deposit payable, furniture included and so on. Then there’ll be the
official signing of this contract by you and the Seller, with both Senor Martinez and the
estate agent present as well. At this point, you’ll hand over the 1% to the Seller.
Mr. Watson: OK. Could I send you a copy of the contract for your review?
Ms Blackwell: Of course – I was going to suggest that.
Mr. Watson: Good. What’s next?
Ms Blackwell: Well, I suggest you then return home and arrange for the rest of the
deposit – that will be 9% of the purchase price – to be transferred to your bank account in
Spain. Senor Martinez will be taking care of further paperwork, and when he’s sure
everything is in order, he’ll withdraw the money from your account and hand it over to the
Seller. Senor Martinez can then sign the relevant part of the contract. Once the rest of the
money’s been transferred to your Spanish account, the final documents will be signed on
the completion date.
Mr. Watson: Do I have to be there for the signing?
Ms Blackwell: No, Senor Martinez will represent you, and he, the Seller and the estate
agent – as well as a representative of the bank if you’ve arranged a mortgage – will
undertake the signing in the presence of a notary. Then the money and the keys will be
exchanged, and the house is yours!
Mr. Watson: Sounds great!