Legal Question in Real Estate Law in Georgia

I bought a home in state of GA with a shared driveway. No easement, just assumed I wouldn't need (involved family so didn't think I needed this)! Mistake! So previous owner lived and used drive for 4 years, I have live in home for 13 years. I have also maintained drive by resurfacing during my ownership and maintaining entrance. What are my rights to ownership/assigned easement to continue use of this drive?


Asked on 1/25/17, 3:57 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

See a lawyer ASAP. You MAY have some rights here.

Under Georgia law, a court may find you have acquired an easement by prescription (The basic conditions: 1.That his use of the easement has been uninterrupted for a period of seven years or more;2.That the width of the easement does not exceed 20 feet;

3.That the width of the easement has not deviated from its original width; and 4.That he has kept the easement open and in repair for seven uninterrupted years...The seven year statutory period for prescriptive easements applies only to improved lands. For wild lands, the statutory period to acquire a prescriptive easement is twenty years.)

Depending on the land layout you may also fit another remedy. When a grantor conveys a parcel of land that is landlocked, public policy dictates that an easement for ingress and egress be implied. Easements by implication are predicated on the theory that a means of accessing a piece of property is necessary for its reasonable use and enjoyment by its owner. Implied easements run with the land and pass to each subsequent owner of the subject property. However, if the necessity which gave rise to the implied easement ceases to exist because the easement holder acquires other land which affords him access to his property, the easement terminates.

A lawyer letter and paperwork will be cheaper than a lawsuit, so hope a lawyer can work it out the easy way.

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Answered on 1/25/17, 8:49 pm


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