Georgia Easement and Right of Way (For Electrical Transmission Lines - Short Form)
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FAQ
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.
Common types of easements in Georgia include utility easements, drainage and sewer easements, slope easements, and construction easements.
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.
To entitle one to a prescriptive right of way over the land of another, it must be shown that the prescriber has been in the uninterrupted use of a permanent road over the land, not exceeding 15 (now 20) feet in width, and that the prescriber has kept it open and in repair for seven years. Childers v. Holloway, 69 Ga.
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.
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.
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).
As a general rule under Georgia law, each party must pay to maintain the easement in proportion to such party's usage. However, this is easier to state than to determine.