Georgia Ratification Agreement (Right of Way)
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How to fill out Ratification Agreement (Right Of Way)?
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FAQ
Hear this out loud PauseThere 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.
Because Georgia law says that properties cannot be landlocked, it implies that an easement shall be granted to the owner of such property. However, it does not say that the easement will be free or necessarily in the path or form that the owner of the landlocked property wants.
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.
Hear this out loud PauseYou might be able to negotiate directly with your neighbor to get an easement. This might include paying your neighbor a fee to allow you to access the land. Be sure, though, to never rely on a verbal or handshake agreement. Instead, sign legal documents to make the easement official.
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.
Hear this out loud PauseUnder Georgia law, the owner of a landlocked parcel (you in this case) has an automatic easement over the adjacent property owner. This is called an "easement by implication" or "easement by necessity". The easement for ingress/egress will run over any existing roadway.
Georgia law allows a party to obtain a private way (or easement) over the land of another through a process known as prescription (also sometimes called adverse possession). See OCGA Section 49-4-40 et seq. This requires seven years' uninterrupted use through improved lands.
