Georgia Utility Facilities Easement
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How to fill out Utility Facilities Easement?
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FAQ
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).
An easement of way acquired by a grant, will not be lost by a nonuse for any length of time, unless there is a clear and unequivocal evidence of an intention to abandon it. Gilbert v. Reynolds, 233 Ga.
Properties adjacent to public rights-of-way may have easements for such things as power lines, water/sewer lines, drainage structures and the like. In contrast to a right-of-way, an easement is a right to use the property, not the ownership of property.
A Utility Easement is a legal right that is granted to a person or entity (county, city, corporation) to allow for the construction, maintenance, repair, and replacement of utilities located on private property.
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.
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.
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.