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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.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
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.
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).
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.
As a general rule under Georgia law, each party must pay to maintain the easement in proportion to such party's usage.
Permanent Sewer Easements are normally 20 feet wide with the sewer pipe located in the middle of the easement. They provide the County (or its agent) access to construct, inspect, maintain, and repair sewer lines and accessories. Trees are not permissible in a permanent sewer easement area.