Georgia Easement and Right of Way (For Roadway Allowing Access to Lands)

State:
Multi-State
Control #:
US-OG-990
Format:
Word; 
Rich Text
Instant download

Description

This form is an easement and right of way for roadway allowing access to lands.

How to fill out Easement And Right Of Way (For Roadway Allowing Access To Lands)?

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FAQ

Easement by implication That means you can often use the neighboring parcel in a limited way to access your parcel. This is sometimes known as a driveway easement in Georgia. The easement can last as long as it's the only way to reasonably access the landlocked property.

Georgia law allows a party to obtain a private way (or easement) over the land of another through a process known as prescription (also sometimes called adverse possession). See OCGA Section 49-4-40 et seq. This requires seven years' uninterrupted use through improved lands.

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.

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 property owner (public or private) is responsible for maintaining any open drainage easement included on that property.

If you are involved in an accident and believe another driver violated the law regarding right of way, you may be able to claim compensation for your injuries from your insurance company. All major highways have a 50-foot right-of-way line on each side that runs parallel to the centerline.

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Georgia Easement and Right of Way (For Roadway Allowing Access to Lands)