Georgia Easement or Right of Way for Access to Property
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How to fill out Easement Or Right Of Way For Access To Property?
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FAQ
An easement is an interest in, or a right to use, another individual's land or property, generally for a specific, limited purpose. An easement gives one party the right to access another party's land. This access can be granted to public entities or private individuals.
Right-of-way requires full ownership of the property. The width of the required right-of-way varies with the design of the roadway. Permanent roadway structures such as pavement, curb & gutter, sidewalks, regulatory signage, and guardrails are located within the right-of-way, as well as roadway shoulders.
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.
All easements shall be no less than 20 feet wide when used as an open ditch. Piped storm drainage shall have a minimum easement width of 15 feet wide. Drainage easements shall be opened at the time of development to control surface water runoff.
Easement by implication That means you can often use the neighboring parcel in a limited way to access your parcel. This is sometimes known as a driveway easement in Georgia. The easement can last as long as it's the only way to reasonably access the landlocked 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.
