Legal Question in Real Estate Law in Georgia
enforcing an easement
I purchased a home knowing it needs connection to sewer system. The property owner across the street granted the previous owner of my house an easement (dated 1997 in exchange for the sum of $1) to go through her yard for sewer hookup which is the shortest and cheapest route to run sewer line but the last owner never changed over from septic tank. The easement was signed, notorized & is on record at the fulton county courthouse official records and states ''lifetime'' accessability of the easement. I was told that the easement transfers to me when I bought the house, but the owner across the street is now denying access unless I pay her more than $5000. What can I do about this? Can I just move forward w/ sewer hookup thru her yard anyway since I have the documentation?
2 Answers from Attorneys
Re: enforcing an easement
Your easement is enforceable, unless its terms limit it to the property owner to whom it was granted, as opposed to "running with the land". Have an attorney examine the document and advise you.
Even if you can enforce the easement, the fact that you have been denied access makes any attempt to connect to the sewer on your own very risky. I suggest you have the attorney who interprets the document (if he determines that you can enforce it) write a formal letter demanding access, outlining the legal situation, and stating that legal action will be taken to enforce your rights. If this doesn't resolve the matter, have the attorney file an action to enforce the easement (neighbor will probably be compelled to pay your legal fees).
One caution-- if the basis of the refusal is the creation of improvements on the easement which would be destroyed or damaged by the sewer connection, you may have to bear the cost of repair, or route your connection to minimize damage.
Re: enforcing an easement
Your right to the easement is probably enforceable but that will depend on the wording of the easement document. Have it reviewed by an attorney. Sounds like extortion to me.
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