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The property owner (public or private) is responsible for maintaining any open drainage easement included on that property.
An easement is part of your land or property that the government or utility companies can access. A drainage easement can take the form of access to your drainage infrastructure, the right to access your property or properties, or both.
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.
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.
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.
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.
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).
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).
Generally, it is the duty of the dominant estate to maintain and repair the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate.
There are four (4) methods by which easements may be created under Georgia law: (i) express grant, (ii) prescription, (iii) implication, and (iv) condemnation. A. Express Grant. An easement which arises from an express grant is the least troublesome from the standpoint of the title examiner or closing attorney.