Georgia Agreement between Adjoining Owners Creating Easement for Common Driveway
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How to fill out Agreement Between Adjoining Owners Creating Easement For Common Driveway?
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FAQ
Appurtenant or in gross In the US, an easement appurtenant is one that benefits the dominant estate and "runs with the land" and so generally transfers automatically when the dominant estate is transferred.
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).
A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.
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.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
Easements often transfer That means if the property is purchased or sold, the easement subsists. An easement in gross, on the other hand, is generally tied to a specific party or individual ? not the land.
The property owner (public or private) is responsible for maintaining any open drainage easement included on that property.
You'll want to check if you're the easement user, known as the dominant property, or if you're the property owner who must allow your neighbor to use your property, known as the servient property. The servient property owner cannot block the use of the easement.
