Legal Question in Real Estate Law in Georgia

Driveway Rights

I own 10 Acres of Undevelope land in North Georgia. My brother owns 10 acres behind my 10 acres. Per deed, he has easement across my land. If he places a driveway across my land to get to his land, can I use the same driveway to get to my house if I build on back side of my land? What if I sell my land to a 3th party, do they have the right to use my brothers driveway if they want to build a home on back side of the 10 acres? Do I have to pay my brother any money to use the driveway, even though it is on my land? What about the 3th party, do they have to pay? Can my brother keep me or the 3th party from using the driveway? Thank you.


Asked on 3/23/02, 8:27 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Driveway Rights

3 sentences and 5 questions - now thats compressed. Question 1: Generally, yes. Its YOUR land. Q2: Unclear. If you reduce the easement to writing and record it before the sale, then Yes. Q3: Generally, no. Q4: Generally, no. Q5: Well, hard to say. If the Easement (E) is written and recorded, he is stuck with its terms. Since your fact pattern assumes your brother WANTS the E, he cannot just have it for himself and prohibit you or a third party from using it. Unless an E is a personal right (a personal incorporal hereditament), it is attached to and runs with the land (an incorporeal hereditament) and your 3rd party would have all of the same rights in the E that you have. [Interesting Question.] Hugh C. Wood [Note: Go Look up the legal differences between a permanent E and an E in Gross. Also read about E of necessity and landlocked land.]

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Answered on 3/24/02, 1:47 pm


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