Legal Question in Real Estate Law in Georgia

Re: My Easement agreement Vs. neighbor's use over time

Not enought facts to answer your question. The answer will turn on whether your neighbor has an easment in gross or an easment appurtenant in the land. Clearly, it will not be less then your actual boundry ownership of the driveway.

A personal easment (a license or right to simply use the driveway) sometimes dies with the person who negotiated it with the owner. It will then be considered to not "run with the land."

You may want to read some simple cases in Georgia on easement in gross vs. easement appurtenant to get a feel for the proof required if you go to court on this issue.

Our firm does this type of work, but since there is no contingency involved it would always have to be on an hourly rate only.

If your dispute is located in one of the metro counties, we would be willing to discuss the matter with you. If not, you need to talk to a real estate attorney in your local county. Look for a litigator or trial attorney and not merely a real estate closing attorney -- they generally do not go to Court. We require 5K to 10K as an upfront retainer booked against $200 per hour.

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