Wyoming Road and Utility Easement Agreement
Description
How to fill out Road And Utility Easement Agreement?
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FAQ
There are four (4) methods by which easements may be created under Georgia law: (i) express grant, (ii) prescription, (iii) implication, and (iv) condemnation. A. Express Grant. An easement which arises from an express grant is the least troublesome from the standpoint of the title examiner or closing attorney.
In most instances, the responsibility falls on the person who has the easement right. A landowner that has an easement over the property of another landowner is the holder of the dominant estate.
Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.
Typical easements are 12 - 20 feet wide, the main transmission lines for water or sewer may have up to 50-foot easements and in most cases the easements will not be cut to full width.
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
An easement is an interest in land belonging to another person, so that the easement owner has a limited right to use or enjoy the other person's property. Common easements include rights of way for access, or the right to cross property (including easements for utility service or water conveyance).
There is an easement by necessity if the dominant estate absolutely needs access to the servient estate when there are no other options for ingress and egress to the property.
Because Georgia law says that properties cannot be landlocked, it implies that an easement shall be granted to the owner of such property. However, it does not say that the easement will be free or necessarily in the path or form that the owner of the landlocked property wants.
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.
Generally, it is the duty of the dominant estate to maintain and repair the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate.
