Georgia Non-Exclusive Roadway Right of Way
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How to fill out Non-Exclusive Roadway Right Of Way?
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FAQ
In contrast to a right-of-way, an easement is a right to use the property, not the ownership of property. An easement, however, must be acquired if it has not been previously granted or implied. It is usually acquired during the right-of-way acquisition process.
(21) "Private road" means a privately owned road or way, including any bridge thereon, which is only open for the benefit of one or more individuals and not for the general public. This term also means a road which lies on privately owned land.
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.
There are usually two core principles of Georgia easement law: The easement holder's use of the land cannot exceed the scope and the purpose of the easement. The property owner cannot interfere with the easement holder's rights.
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.
Exclusive means that only one party or perhaps a limited number of parties can use that easement. Non-exclusive means that a number of different parties can use the easement. Non-exclusive can also mean that additional parties could be granted the right to use that same easement in the future.
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 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.
