Fulton Georgia Assignment of Easements and Rights of Way

Name: Fulton Georgia Assignment of Easements and Rights of Way
Brand: US Legal Forms
Rating: 4.66 (258 reviews)

Category:

Oil Gas and Minerals - Assignments

State:

Multi-State

County:

Fulton

Control #:

US-OG-513

Format:

Instant download

Description

This form provides for the assignment of easements and rights of way.

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FAQ

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.

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

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.

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.

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).

When an easement is dedicated or granted, the owner retains the fee simple ownership while another party receives the right to use the specific area for a specific purpose which is described in the easement. Public easements are dedicated either to the public or to a specific governmental unit.

More info

Contemporary legal decisions address easement issues, but also the more granule issues of the location, size and permitted uses of easements, rights of way. An easement exists if there was permission given for an activity to occur at some point.Lane widths shall be as shown in the revised Table 2.2. Tippecanoe River in Fulton County, Indiana on June 9, 2015. United States. Army.

Fulton Georgia Assignment of Easements and Rights of Way

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Who is responsible for easement maintenance in Georgia?

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Who is responsible to maintain an easement in Georgia?

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Can you be landlocked in Georgia?

How do I record an easement in Georgia?

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