Georgia Release of Right of Way / Easement to Surface Owner
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How to fill out Release Of Right Of Way / Easement To Surface Owner?
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FAQ
How do I terminate an easement in Georgia? An easement can be terminated expressly by recording a termination of easement. An easement can also be terminated by bringing a quiet title action where an easement has expired or been abandoned.
These methods of termination are abandonment, merger, prescription, end of necessity, demolition or destruction, marketable title statutes, misuse, estoppel, and death of the holder of an easement in gross.
You may have come across the term ?right-of-way? a few times. There's a difference between an easement and the right-of-way: Right of way means the property owner has to deed their land over to the government. An easement only gives the government a right to use the easement area.
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.
The property owner (public or private) is responsible for maintaining any open drainage easement included on that property.
Competing Easement Rights Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
