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A drainage easement is a right you give to a government authority to access and use a specific part of your property for water management. The keywords here are 'access' and 'use. ' It means your property rights are at stake.
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.
Any changes you make to your property must permit access to the easement and allow it to function normally to prevent flooding. For example, you may be able to build a driveway over underground pipes as long as it doesn't interfere with the flow of water and allows utility workers to easily access them.
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.
Running water belongs to the owner of the land on which it runs; but the landowner has no right to divert the water from its usual channel nor may he so use or adulterate it as to interfere with the enjoyment of it by the next owner.
Common types of easements in Georgia include utility easements, drainage and sewer easements, slope easements, and construction easements.
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.
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).