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Easement by implication That means you can often use the neighboring parcel in a limited way to access your parcel. This is sometimes known as a driveway easement in Georgia. The easement can last as long as it's the only way to reasonably access the landlocked property. How Do Easements Work? - Georgia Eminent Domain Law Firm Georgia Eminent Domain Law Firm ? easements Georgia Eminent Domain Law Firm ? easements
There are usually two core principles of Georgia easement law: The easement holder's use of the land cannot exceed the scope and the purpose of the easement. The property owner cannot interfere with the easement holder's rights.
As a general rule under Georgia law, each party must pay to maintain the easement in proportion to such party's usage. However, this is easier to state than to determine.
Georgia law allows a party to obtain a private way (or easement) over the land of another through a process known as prescription (also sometimes called adverse possession). See OCGA Section 49-4-40 et seq. This requires seven years' uninterrupted use through improved lands.