A Utility Easement and Right of Way is a legal agreement between two parties, which grants one party the right to use the other's property for a specific purpose. This agreement typically grants the party with the right of way the ability to construct, operate, maintain, and repair utilities on the property, such as power lines, water lines, sewer lines, and telecommunications lines. There are two main types of Utility Easement and Right of Way: permanent and temporary. Permanent agreements are typically used for long-term projects, while temporary agreements are used for short-term projects. In addition, the agreement typically grants the right of way party with access to the property for inspection, maintenance, and repair. The agreement also typically includes a provision that allows the right of way party to recover legal fees associated with enforcing the agreement.
Utility Easement and Right of Way
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FAQ
Under Georgia utility easement law, the government has the right to easements of private property in order to , expand, and maintain utilities such as power lines. Very often, new construction can impact the location of existing utility lines.
An easement is a non-possessory, limited right of use over the land of another. Once an easement is granted, neither the grantor nor the grantee can change its location, size, or scope without the consent of the other party.
Utility easements are often taken when there is a road widening project and a power lines easement is needed to account for existing power lines being pushed onto your property. Some other examples include gas, cable, and telephone pole easements.
Utility easements 6 feet in width are permissible along rear property lines, in cases where the rear property lines abut unplatted land.