Fulton Georgia Easement or Right of Way for Access to Property

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County:
Fulton
Control #:
US-0251BG
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Description

This form is an easement or right of way for access to property.
Fulton Georgia Easement or Right of Way for Access to Property refers to a legal agreement that allows individuals or entities to access a property owned by another party. This right of access may be necessary when a property is landlocked or does not have a publicly accessible entrance. In Fulton County, Georgia, there are various types of easements or right of ways recognized by the local laws. Some prominent types include: 1. Easement by Necessity: This type of easement arises when a property owner needs access to their landlocked property through another person's property. It is granted based on the principle of necessity and ensures that the property owner has a legal right to access their property. 2. Easement by Prescription: This type of easement is acquired through the continuous and uninterrupted use of another person's property for a specific period. In Fulton County, the time requirement for gaining an easement by prescription is typically 20 years of exclusive use without the owner's permission. 3. Easement by Grant: This type of easement is voluntarily created and granted by the property owner to another party. It can be established through a written agreement, typically recorded in the Fulton County land records. 4. Easement in Gross: This easement grants a specific individual or organization the right to access a property, regardless of their ownership of any adjacent property. Easements in gross are typically non-transferable, meaning they cannot be sold or transferred to other parties without the landowner's consent. 5. Public Right of Way: This type of easement is granted to public entities such as government bodies or utility companies, allowing them to access public or private property for specific purposes like road construction, utility installations, or maintenance. It is essential for property owners in Fulton County to understand these different types of easements or rights of way, as they may affect their property's access and potential future development plans. Seeking legal advice is recommended when dealing with easements to ensure that property rights are protected while complying with local laws and regulations.

Fulton Georgia Easement or Right of Way for Access to Property refers to a legal agreement that allows individuals or entities to access a property owned by another party. This right of access may be necessary when a property is landlocked or does not have a publicly accessible entrance. In Fulton County, Georgia, there are various types of easements or right of ways recognized by the local laws. Some prominent types include: 1. Easement by Necessity: This type of easement arises when a property owner needs access to their landlocked property through another person's property. It is granted based on the principle of necessity and ensures that the property owner has a legal right to access their property. 2. Easement by Prescription: This type of easement is acquired through the continuous and uninterrupted use of another person's property for a specific period. In Fulton County, the time requirement for gaining an easement by prescription is typically 20 years of exclusive use without the owner's permission. 3. Easement by Grant: This type of easement is voluntarily created and granted by the property owner to another party. It can be established through a written agreement, typically recorded in the Fulton County land records. 4. Easement in Gross: This easement grants a specific individual or organization the right to access a property, regardless of their ownership of any adjacent property. Easements in gross are typically non-transferable, meaning they cannot be sold or transferred to other parties without the landowner's consent. 5. Public Right of Way: This type of easement is granted to public entities such as government bodies or utility companies, allowing them to access public or private property for specific purposes like road construction, utility installations, or maintenance. It is essential for property owners in Fulton County to understand these different types of easements or rights of way, as they may affect their property's access and potential future development plans. Seeking legal advice is recommended when dealing with easements to ensure that property rights are protected while complying with local laws and regulations.

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FAQ

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

That means that if a landowner in Georgia conveys a parcel of land that is landlocked and he fails to reserve an easement in himself for ingress to and egress from the land, the law will not imply the reservation of an easement in the landowner. His land will be landlocked, and he will be stuck.

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.

An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.

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.

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.

In order to be recordable, an easement deed must be signed by the grantor and must contain two witnesses, one of whom must be the notary with his seal attached. If one of the witnesses is not a notary, then there must be an acknowledgment by a notary attached to the deed ( 44-2-21 and 44-2-14).

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.

An express easement is expressed to be so by deed and in the case of registered land is referred to in the A Section of the Title Register for the dominant tenement (the land having the benefit of the easement) and in the C Section of the Title Register for the servient tenement (the land burdened by it).

More info

Fulton‐Randolph Market District Design Guidelines. Held and delivered only after completing all phases of the investigation.Adjacent owners have an implied right of access under Section 167A of the. Transfer of Land Act 1893. Deed Book 55793, Pages 326 and 331, Fulton County Records. Which waterways or canals require a Right of Way Occupancy Permit from the District? There are many other types of documents for real estate and liens.

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Fulton Georgia Easement or Right of Way for Access to Property