Georgia General Form of Easement Agreement

State:
Multi-State
Control #:
US-00982BG
Format:
Word; 
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Description

An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. 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. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state.

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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.

Common types of easements in Georgia include utility easements, drainage and sewer easements, slope easements, and construction easements.

The Georgia Institute of Real Estate provides six such methods of easement termination: Release: The owner of the dominant estate agrees, in writing, to terminate the easement. Merger: One party takes ownership of both properties. Expiration: The initial reason for the easement no longer exists.

The property owner (public or private) is responsible for maintaining any open drainage easement included on that property.

An easement generally runs with the land, meaning that such agreements can affect your property well into the future. Many homes, particularly in more rural Georgia counties, have shared (or common) driveways.

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 Form of Easement Agreement