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Under Georgia utility easement law, the government has the right to easements of private property in order to , expand, and maintain utilities such as power lines. Very often, new construction can impact the location of existing utility lines.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
Affirmative easements are the most common. They allow privileged use of land owned by others.
Public access roads and utility easements are the most common types of express easements in which rights are granted to an entity such as a utility company or municipality and their employees.
In order to be recordable, an easement deed must be signed by the grantor and must contain two witnesses, one of whom must be the notary with his seal attached. If one of the witnesses is not a notary, then there must be an acknowledgment by a notary attached to the deed ( 44-2-21 and 44-2-14).