Georgia General Easement for Utilities

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US-EAS-34
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Description

A permanent utility easement and right of way with the right to erect, construct, install, lay and thereafter use, operate, inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances thereunto required, over, across and/or under a certain parcel of real property.

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.

A Georgia General Easement for Utilities refers to a legal agreement that grants utilities companies certain rights and access to private or public property in order to install, operate, and maintain infrastructure necessary for providing essential services such as electricity, water, gas, telecommunications, and sewage. This easement allows utilities companies to have the necessary access and use of land for the placement of pipelines, cables, poles, meters, and other facilities required for providing utility services to consumers. In Georgia, there are several types of General Easements for Utilities, each encompassing specific rights and restrictions. These include: 1. Right-of-Way Easements: This type of easement grants utilities companies the right to install and maintain utility infrastructure within a designated area along a specified route. These easements usually involve overhead power lines, gas pipelines, or underground water and sewer lines. 2. Access Easements: Access easements provide utilities companies with the right to access specific areas of land to inspect, repair, or maintain the utility infrastructure already in place. They typically include provisions for necessary equipment access, such as vehicles or machinery required for maintenance. 3. Construction Easements: Construction easements allow utilities companies to temporarily use portions of land while construction or installation activities are taking place. These easements are essential during the initial setup of utility infrastructure and facilitate the property owner's cooperation in ensuring seamless construction processes. 4. Support and Maintenance Easements: These easements ensure utilities companies' ongoing access to land for the purpose of providing support and maintenance activities to the utility infrastructure, including periodic inspections, repairs, and upgrades. Compliance with Georgia law is crucial when establishing General Easements for Utilities. Property owners should carefully review the terms, conditions, and compensation (if any) associated with these agreements. Furthermore, it is important for utilities companies to obtain all necessary permits and licenses required by local, state, and federal authorities before initiating any construction or maintenance activities within the easement area. Having a clear understanding of the various types of General Easements for Utilities in Georgia allows both property owners and utilities companies to negotiate and establish agreements that protect their respective interests and ensure the uninterrupted provision of essential services to communities.

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FAQ

When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).

Properties adjacent to public rights-of-way may have easements for such things as power lines, water/sewer lines, drainage structures and the like. In contrast to a right-of-way, an easement is a right to use the property, not the ownership of property.

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).

A Utility Easement is a legal right that is granted to a person or entity (county, city, corporation) to allow for the construction, maintenance, repair, and replacement of utilities located on private property.

Under Georgia utility easement law, the government has the right to easements of private property in order to , expand, and maintain utilities such as power lines.

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.

An easement of way acquired by a grant, will not be lost by a nonuse for any length of time, unless there is a clear and unequivocal evidence of an intention to abandon it. Gilbert v. Reynolds, 233 Ga.

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The rights, benefits, privileges, and easements granted herein are for the purpose of the installation, construction, use, replacement, reconstruction, ... This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the ...The following activities are examples of uses that may be permitted provided certain standards are observed and an agreement is properly executed: Fills ... Handling paperwork with our comprehensive and intuitive PDF editor is straightforward. Make the steps below to fill out Georgia easement power online easily ... Underground utilities to be in right-of-way or easement. All authorized public underground utilities shall be located within the right-of-way of a public street ... Directions and Document Checklist - this document provides the step-by-step procedures to dedicate right-of-way and easements to Fulton County . Please make ... The examining attorney should, unless otherwise instructed by the client, verify that the property has direct access to a public road, or to a valid access ... The cost of installing, maintaining, repairing, and replacing the Additional Utility Facilities shall be at the sole expense of the Owner of the Tract ... See the Water Easements, Sewer Easements, and Drainage Easements sections ... filling with soil or concrete, or fencing is permitted within a drainage easement. If the utility line crosses “private” land without a proper easement, then the owner of the “private” land has the right to cut off the utility line. d. Georgia ...

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Georgia General Easement for Utilities