Legal Question in Real Estate Law in Georgia

Can easements between prior owners be terminated by new owners

We purchased 12 acres of land from an owner who broke out 45 acreas of land into 5 different tracts. The only entrance to the entire 45 acres in on the 12 acre tract we purchased. We found out after the fact and now that the owner is trying to sell the remaider 33 acres is that there is an easement on the 12 acres we own going to the other 33 acres. This easement is called a relocation & extinguishment of easements. However, this easement was established between the first owner and the owner we purchased the land from. We are having problems now because there is a lake in front of the problem and our portion has a private entrance way to our side, although there is no entrance to the other property. Can the easement made between the other owners be terminated since they no longer own the property?


Asked on 9/06/01, 9:01 am

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Can easements between prior owners be terminated by new owners

I need more information to be able to answer your question. The general rule is that an easement that runs with the land cannot be extinguished in the manner you propose in your question. However, I cannot understand from rereading your question: 1) how the easement was initially created, 2) what the status of the easement was at the time you bought your 12 acres, and 3) what steps are being taken and by whom to terminate the easement. Also, do you want the easement or do you want it extinguished? Also, rememeber that under Georgia law the other purchasers of the behind 12 acre lots will be able to get something called and "easement of necessity" if they end up being landlocked. If you will pose the question with more or additonal facts, I will respond to it. If you wish you may write me directly at [email protected]

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Answered on 10/25/01, 12:47 am


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