Georgia General Right of Way Instrument

State:
Multi-State
Control #:
US-EAS-32
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Word; 
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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.

The Georgia General Right of Way Instrument is a legal document used to grant the right of way for transportation or utility purposes across a property in the state of Georgia. It serves as an agreement between the property owner and the entity seeking access to the property for specific purposes. The General Right of Way Instrument ensures that the property owner's rights are protected while allowing necessary access for infrastructure development. The General Right of Way Instrument in Georgia provides a detailed description of the rights granted, the terms and conditions, and the responsibilities of both parties involved. This document is typically recorded in the local county's land records, ensuring its legal validity and providing public notice of the granted right of way. There are several types of General Right of Way Instruments that can be used in Georgia, depending on the specific purpose and circumstances. Some common types include: 1. Transportation Right of Way Instrument: This instrument grants a transportation authority or agency the right to access and use a property for constructing, operating, and maintaining roads, highways, bridges, or other transportation infrastructure. 2. Utility Right of Way Instrument: This document allows utility providers, such as electric, gas, water, or telecommunication companies, to install, operate, and maintain necessary infrastructure on a property, including poles, lines, pipes, or cables. 3. Easement Right of Way Instrument: An easement grants a specific right to another party for a specified purpose. It can include rights for access, utility lines or pipelines, drainage, or other necessary uses on the property while preserving the owner's ownership and use of the land. 4. Pipeline Right of Way Instrument: This instrument permits the construction, operation, and maintenance of pipelines used for the transportation of oil, gas, or other substances across the property. It outlines the terms and conditions regarding compensation, restoration, and liability. The Georgia General Right of Way Instrument plays a crucial role in balancing the needs of infrastructure development while protecting private property rights. It ensures that all parties involved have a clear understanding of their rights and responsibilities, preventing potential conflicts and providing a reliable foundation for future development projects in the state.

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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