Legal Question in Real Estate Law in Georgia

deeded access drive

who's resonsibility is it to maintain the road, the owner of the property or the person with deeded access?


Asked on 4/17/07, 10:42 am

2 Answers from Attorneys
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: deeded access drive

The question that you ask is fact dependent and requires an examination of documents and the history of use. You will need to employ a real property attorney to consult on the matter.

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Answered on 4/17/07, 11:11 am
Robert Thompson J. Robert Thompson Attorney

Re: deeded access drive

If the deed which granted the right of way assigns responsiblity for maintenance, the deed controls.

If the deed is silent, maintenance responsibility is determined by the circumstances of creation of the right of way, and the actions of all parties in interest during the existence of the right of way. The advice of an experienced real estate lawyer will be needed to determine this.

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Answered on 4/17/07, 6:03 pm


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