Fulton Georgia Correction to Description in Easement and Right of Way

State:
Multi-State
County:
Fulton
Control #:
US-OG-971
Format:
Word; 
Rich Text
Instant download

Description

This form is a correction to description in easement and right of way.

Fulton Georgia Correction to Description in Easement and Right of Way is a legal process that involves making amendments or changes to the description of easements and rights of way within the jurisdiction of Fulton County, Georgia. This correction is necessary when there are errors or discrepancies found in the original description of these property rights. Easements and rights of way are legal provisions that grant certain individuals or entities the right to use or access another person's or entity's property for specific purposes, such as utility installations, road access, or drainage systems. These rights are established through legal documents, and their accurate descriptions are crucial to avoid any misunderstandings or disputes. In the context of Fulton Georgia Correction to Description in Easement and Right of Way, there can be different types depending on the nature of the correction needed: 1. Descriptive Errors: These occur when there are mistakes in the physical description of the easement or right of way. It may include errors in measurements, boundaries, or other details that inaccurately describe the area covered by the easement. Corrections are made to ensure the proper and precise delineation of the property rights. 2. Legal Inconsistencies: This type of correction deals with discrepancies between the original legal documents and other relevant legal records. It may involve aligning the description of the easement or right of way with changes in land ownership, survey records, or changes in local laws or regulations. The purpose is to ensure that the legal documents accurately reflect the current status of the property rights. 3. Expansion or Reduction of Easements/Right of Way: In certain cases, the correction may involve expanding or reducing the size or scope of an existing easement or right of way. This may be necessary due to changes in the property's usage, physical modifications to the land, or other relevant factors. The correction ensures that the easement or right of way accurately reflects the updated needs and conditions of the parties involved. Fulton Georgia Correction to Description in Easement and Right of Way is a process that requires the involvement of legal professionals, such as attorneys or land surveyors, who can review the original documents, identify any errors or discrepancies, and prepare the necessary correction documents. These corrections are crucial to maintaining the integrity of property rights and avoiding legal conflicts or misunderstandings in relation to easements and rights of way within Fulton County, Georgia.

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FAQ

An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates. The servient estate is the estate that allows the easement, while the dominant estate is the one that benefits from the easement.

A conservation easement may be recorded in the office of the clerk of the superior court of the county where the land is located.

One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is ? the owner of the easement is responsible for maintaining the easement.

Common examples of appurtenances are driveways, drainage ditches, fences, and rights of way. For more information on appurtenances, see Practice Note, Easement Fundamentals and Standard Document, Easement Agreement (Short Form).

One of the parties?the servient tenement?is the parcel of land that provides the easement while the dominant tenement is the parcel of land that benefits from this type of easement. An example of an appurtenant easement is the public or private access to a street across a property that is landlocked.

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

Every right of easement claimed is a restriction on such exclusive right and is an evasion of it. Hence, the burden of proof of the element constituting a right of easement lies on the person who asserts that right and thereby invades the natural right of the occupier of the land on which the right is claimed.

Appurtenant refers to rights or restrictions that run with the land. The term is generally used in the context of easements or covenants, and is distinguished from rights or restrictions in gross, which only benefit or burden a particular person.

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.

Easements can be created in a variety of ways. They can be created by an express grant, by implication, by necessity, and by adverse possession.

More info

Correct fees? Be caught and corrected before the descriptions go out, the property takings appraised and deeds prepared.Aerial photo: overall aerial photo review. EASEMENTS (limited to Right of way,. The Deeds and Records' Room is located in the Lewis Slaton Courthouse on the ground floor. Details of the appeal described on the attached Fire Code Appeal Information Sheet(s).

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Fulton Georgia Correction to Description in Easement and Right of Way