Georgia General Right-of-Way Instrument

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Description

This Easement for Right-of-Way is between the Grantor and Grantee for a non-exclusive right-of-way, servitude and easement for the purpose for the purpose as is described in the agreement over the property described in the agreement. This is a contract that can be used in all states.


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.

The Georgia General Right-of-Way Instrument is a legal document used in the state of Georgia that grants individuals or organizations certain rights to access, use, or cross over another person's property for specific purposes. This instrument is crucial for ensuring efficient land development, infrastructure projects, and utilities management within the state. The Georgia General Right-of-Way Instrument is designed to protect the interests of both the property owner and the party seeking the right of way. By defining the terms and conditions of access, it helps prevent any potential misunderstandings or disputes that may arise during the use of the property. There are several types of Georgia General Right-of-Way Instruments, depending on the purpose and nature of the access being granted. Here are some commonly encountered types: 1. Road Right-of-Way Instrument: This type of instrument is used when a government entity or utility company needs the right to install, maintain, and access roads and related infrastructure on privately owned land. 2. Utility Right-of-Way Instrument: This instrument grants utility companies the right to install and maintain infrastructure such as power lines, gas pipelines, or water pipes on private property to ensure the reliable provision of essential services. 3. Easement Right-of-Way Instrument: An easement right-of-way instrument is used when a property owner grants another party the right to pass through or use a specific portion of their land for a particular purpose, such as accessing a recreational area or maintaining a fence. 4. Railroad Right-of-Way Instrument: This form of the instrument is relevant when a railroad company requires access to establish or maintain rail lines, tracks, or related facilities. The Georgia General Right-of-Way Instrument is an essential legal instrument that facilitates various construction, development, and utility projects while protecting the rights of both property owners and accessing entities. It ensures clarity, accountability, and proper compensation during the process. Having a clear understanding of the different types of right-of-way instruments will help property owners make informed decisions and safeguard their interests.

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FAQ

You may have come across the term ?right-of-way? a few times. There's a difference between an easement and the right-of-way: Right of way means the property owner has to deed their land over to the government. An easement only gives the government a right to use the easement area.

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.

To entitle one to a prescriptive right of way over the land of another, it must be shown that the prescriber has been in the uninterrupted use of a permanent road over the land, not exceeding 15 (now 20) feet in width, and that the prescriber has kept it open and in repair for seven years. Childers v. Holloway, 69 Ga.

If you are involved in an accident and believe another driver violated the law regarding right of way, you may be able to claim compensation for your injuries from your insurance company. All major highways have a 50-foot right-of-way line on each side that runs parallel to the centerline.

Right of way is the right to pass over or through real property owned by someone else, usually based upon an easement; also, ?right-of-way.? The right of way may specify the parameters of the easement or may be a general right to pass over or through, known as a floating easement.

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.

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Georgia General Right-of-Way Instrument