When we think of ownership of real property, we normally think of somebody owning all the rights in a particular piece of land. However, there are a variety of different interests that can be created in particular piece of land, and it is possible to divide those interests among a number of people. The interests include leases, licenses, easements, life estates, etc.The fee simple is the basic land ownership interest, a person who owns real property in fee simple has the right to the entire property for an unlimited period of time and the unconditional power to dispose of it either during his lifetime or on his death, the land will automatically pass to the heirs. A person who owns land in fee simple may grant many rights to others without giving up the ownership of his fee simple interest.A life estate is a property interest that gives a person the right to use property only for his own lifetime or for a time that is measured by the lifetime of somebody else. A person who has a life estate in real property has the right to use the property, but does not have the right to commit acts that will result in permanent injury to the property.Whereas, a leasehold gives the tenant the right to occupy and use a particular piece of property. This right may be for a fixed period such as a month or year. If no time is specified, it is known as tenancy. Under a tenancy, the landlord or the tenant can terminate the leasehold after giving notice to the other person.A person may have the right to use or enjoy the land of another person but not to actually occupy it on a long-term basis; this is known as “easement”. An easement can be an affirmative or a negative easement.An affirmative easement is the right to make certain uses of the land of another. The right to drive across another person’s property to reach your property, to run a sewer line across it, or to drill for water or gas on the land of another person is an affirmative easement. A negative easement is the right to have someone who owns an adjoining piece of property refrain from making certain uses of his land. The right to have neighbours refrain from erecting a building on his property that would cut off light or air from you is a negative easement.Easements may be acquired in a number of ways. They may be bought or sold, or they may be held back when the owner of a piece of property sells other rights to the property. Sometimes an easement is implied even though the parties did not specifically grant or purchase an easement.An easement can be created by adverse possession (prescription). Obtaining a property interest by adverse possession, if someone, without your permission, openly uses a shortcut across a corner of your property, that person will obtain an easement. He will have a continuing right to engage in that activity. The true owner of the property must assert his rights and stop the other person or end up losing an interest in his property. An express agreement granting or reserving an easement must be in writing to be enforceable.The grant of an easement must be executed with the same formalities as are observed in executing the grant of a fee simple interest in real property. However, easements not granted expressly, such as easements by prior use, necessity, or prescription, are enforceable even though they are not in writing.Dr AbdelGadir Warsama Ghalib is a corporate legal counsel. Email: [email protected]