Georgia Plan of Acquisition
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How to fill out Plan Of Acquisition?
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FAQ
For those who may not know what Right-of-Way is, it's the act of acquiring land or easements to complete a project. It could be anything from a homeowner's land that needs drainage services near a road to getting new land to build a medical office.
Essentially, adverse possession allows those who have trespassed continuously to claim title if the true title holder fails to take action within the statute of limitations. Since the true land owner cannot take legal action to remove the squatter after this period, then it makes sense to simply give up title.
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 Utility may be underground or overhead. 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.
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.
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.