Easement and agreement between two properties for a right of way and restrictions for use, access and maintenance of a driveway and parking lot.
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.
In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. A driveway easement may be created by recording a deed that states, for example, that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
Neighbor Easement Problems For Land
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Multi-State
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US-EAS-33
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FAQ
An Affirmative Easement is an Easement that forces the owner of the Servient Estate to permit certain actions by the owner of the Dominant Estate, the Easement holder. A common example of an Affirmative Easement is an Easement that permits one property owner to discharge water onto the land of another.
Easement width shall be 24 feet and the length shall be the full width of adjoining properties fronting the roadway. The Director of Public Works may approve an alternative layout as necessary given the shape of the particular tract.
The easement permitting a portion of your neighbor's garage on your property is an easement appurtenant that happens to be an affirmative easement. Your neighbor's right to use the trail along your property as a shortcut to the beach is also an easement appurtenant that is an affirmative easement.
Execution: The Easement must be executed on behalf of both the Grantor and the Grantee, and all signatures must be acknowledged by a Notary Public. Recording: The Easement must be recorded in the Office of the County Recorder of the county in which the Land is located.
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.