Georgia Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)
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FAQ
The property owner (public or private) is responsible for maintaining any open drainage easement included on that 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.
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.
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.
(21) "Private road" means a privately owned road or way, including any bridge thereon, which is only open for the benefit of one or more individuals and not for the general public. This term also means a road which lies on privately owned land.
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.
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.
Easement By Necessity This is a court order that grants an owner access to their property through an easement. To win an easement by necessity filing, you must prove, usually with the help of a deed and title search, that your landlocked property and the neighboring property were at one time owned by the same person.
