Georgia General Right of Way Instrument

State:
Multi-State
Control #:
US-EAS-32
Format:
Word; 
Rich Text
Instant download

Description

Allows for a non-exclusive right of way servitude and easement for a stated purpose. Allows for a non-exclusive right-of-way, servitude and easement for a stated 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. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
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FAQ

In contrast to a right-of-way, an easement is a right to use the property, not the ownership of property. An easement, however, must be acquired if it has not been previously granted or implied. It is usually acquired during the right-of-way acquisition process.

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.

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.

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.

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.

Every deed conveying lands or affecting title to real property, such as an easement deed, should be recorded in the office of the clerk of the superior court of the county where the real property is located.

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Georgia General Right of Way Instrument