Georgia Agreement between Adjoining Landowners Granting Perpetual Non-exclusive Easement for Use of and Access to Parking Area
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FAQ
To establish a prescriptive easement, a claimant must prove use of the property, for the statutory period of five years, which has been: Open and notorious; Continuous and uninterrupted; Hostile to the true owner; and.
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.
As a general rule under Georgia law, each party must pay to maintain the easement in proportion to such party's usage.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
Private ways shall not exceed 20 feet in width and may be as much less as the applicant may choose or as the court may find to be reasonably necessary. They shall be kept open and in repair by the person on whose application they are established or his successor in title.
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.
