Georgia Utility Easement (Electric Lines and Appurtenances)
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FAQ
Hear this out loud PauseFor an easement appurtenant to exist, two different parties must own two different parcels of land. [5] The dominant tenement is the land owned by the holder of the easement and the servient tenement is the parcel of land in which the easement is held.
Hear this out loud PauseWhat Is The Major Feature Of An Appurtenant Easement? The major feature of this type of easement is the fact that it is held by the owner in his or her role as dominant tenement. If the dominant tenement is transferred or sold, the easement is instantly transferred with the land.
Which of these must exist for an appurtenant easement to exist... Two adjacent parcels, different owners. An easement appurtenant must have two owners and two parcels of land. A landlocked parcel would require an easement by necessity, long time unauthorized usage would lead to an easement by prescription.
Hear this out loud PauseIn California, a user of land may establish a prescriptive easement by proving that his or her use of another's land was: (1) continuous and uninterrupted for five years; (2) open and notorious; and (3) hostile. The first two requirements are relatively straightforward.
Hear this out loud PauseAn easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates. The servient estate is the estate that allows the easement, while the dominant estate is the one that benefits from the easement.
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).
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.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
