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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.
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.
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.
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.
Grants or sales of limited easements are usually not treated as taxable sales of property. Instead, amounts received from such transfers are subtracted from the basis of the property. Any amounts received in excess of basis are treated as taxable gain.
In contrast to a right-of-way, an easement is a right to use the property, not the ownership of property. An easement, however, must be acquired if it has not been previously granted or implied. It is usually acquired during the right-of-way acquisition process.
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.