Georgia Easement for Water and Sewer
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How to fill out Easement For Water And Sewer?
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FAQ
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 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.
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.
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).
You can use a utility easement for almost anything that you use your yard for. You can plant gardens and bushes, landscape and construct fences. However, anything that is in the easement when a Utility has to perform maintenance on their facilities may have to be removed.
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.
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.
