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. 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. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Georgia General Form for Deed Granting Easement
State:
Multi-State
Control #:
US-01176BG
Format:
Word;
Rich Text
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How to fill out General Form For Deed Granting Easement?
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FAQ
As a general rule under Georgia law, each party must pay to maintain the easement in proportion to such party's usage. However, this is easier to state than to determine.
The property owner (public or private) is responsible for maintaining any open drainage easement included on that property.
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.
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.
An easement deed is subject to the same formalities as any other transfer of other interests in land in Georgia. 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.
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.
