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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.
An easement will allow Georgia Power to place equipment on the landowner's property. Georgia Power has authorized contract land agents to work with landowners to acquire easements where needed to support planned equipment.
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.
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).
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.