Georgia Right of Way and Easement (Underground Electrical Facilities) In Georgia, the Right of Way and Easement for Underground Electrical Facilities refers to the legal provision that allows utility companies and other entities to install, maintain, and operate underground electrical infrastructure on or beneath private or public property. This right of way and easement grants the necessary permissions and access for the placement and upkeep of electrical cables, conduits, transformers, and related equipment required for electrical power distribution. These rights and easements are crucial for ensuring the efficient and reliable provision of electricity to homes, businesses, and other facilities. They help facilitate the necessary infrastructure development and maintenance while balancing the rights and interests of property owners. There are different types of Georgia Right of Way and Easement (Underground Electrical Facilities), including: 1. Permanent Easements: These easements provide long-term rights to utility companies or governmental entities to install and maintain underground electrical infrastructure. Permanent easements are typically obtained through negotiated agreements or eminent domain proceedings, ensuring the rights of access and use to the specified property over an extended period. 2. Temporary Easements: Temporary easements are often required during construction or maintenance activities when access to specific areas is necessary for a limited period. These easements grant temporary rights to utility companies to excavate, install, or repair underground electrical facilities. Once the work is completed, the temporary easement is terminated. 3. Consensual Easements: Consensual easements are based on mutual agreements between property owners and utility companies. They allow utility companies to access the property for underground electrical facility installation and maintenance while ensuring proper compensation or consideration for the property owner. 4. Prescriptive Easements: Prescriptive easements may arise when utility companies continuously and openly use a specific portion of privately owned property for an extended period without obtaining formal written permission or an easement. Under certain conditions, prescriptive easements may be legally recognized, granting utility companies the right to maintain and operate underground electrical facilities on such property. It is important to note that specific laws and regulations govern the acquisition, use, and termination of right of way and easements for underground electrical facilities in Georgia. These laws ensure property owners' rights are respected and provide a legal framework for utility companies to carry out necessary infrastructure activities.
Georgia Right of Way and Easement (Underground Electrical Facilities)
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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).
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.
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.
The majority of our rights-of-way are in the form of easements which allow us to keep the land clear of obstructions that may interfere with our use of the right-of-way and allow us to easily access it for repair and maintenance purposes.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
The Georgia Institute of Real Estate provides six such methods of easement termination: Release: The owner of the dominant estate agrees, in writing, to terminate the easement. Merger: One party takes ownership of both properties. Expiration: The initial reason for the easement no longer exists.
As a general rule under Georgia law, each party must pay to maintain the easement in proportion to such party's usage.