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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.
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. 488, 212 S.E.2d 332 (1975).
An easement is the right to use or access a parcel of property owned by someone else for a specific purpose. Properties adjacent to public rights-of-way may have easements for such things as power lines, water/sewer lines, drainage structures and the like.
The property owner (public or private) is responsible for maintaining any open drainage easement included on that property.
§44-9-40 authorizes the superior court to grant a ?private way? (i.e. easement), not in excess of 20 feet in width, to be maintained by the benefited party, or his successor in title.
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.
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.