Georgia Notice of Final Description (Communication Systems Easement)

State:
Multi-State
Control #:
US-OG-1059
Format:
Word; 
Rich Text
Instant download

Description

This form is a notice of final description for communication systems easement.

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FAQ

As a general rule under Georgia law, each party must pay to maintain the easement in proportion to such party's usage.

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.

Permanent Sewer Easements are normally 20 feet wide with the sewer pipe located in the middle of the easement. They provide the County (or its agent) access to construct, inspect, maintain, and repair sewer lines and accessories. Trees are not permissible in a permanent sewer easement area.

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.

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.

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.

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Georgia Notice of Final Description (Communication Systems Easement)