Georgia Easement Power For Utilities

State:
Georgia
Control #:
GA-EAS-2
Format:
Word; 
Rich Text
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Description

The right to operate and maintain continuously upon property, its lines for transmitting electric current, with poles, wires, transformers, service pedestals, and other necessary apparatus, fixtures and appliances. Also the right of ingress and egress over said land to and from said lines. Any timber cut on said land by or for said company shall remain the property of the owner of said timber.



An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.


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FAQ

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.

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Georgia Easement Power For Utilities