Legal Question in Real Estate Law in Georgia

land access ''Easement by necessity''

Property access established through a gentleman�s agreement over 100 years ago granting a road over neighbors land in GA. Neighbors sold and new owner is trying to fence off road leaving me land locked. What is my recourse? Does this qualify as an Easement by necessity?


Asked on 5/29/07, 12:35 pm

2 Answers from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: land access ''Easement by necessity''

Yes, it most likely does, especially since it would leave you landlocked. Try to work it out between the two of you - remind him that you have been using it for 100 years and because it would leave you landlocked, the court would grant you an easement. If you can't work it out, you may have to file a lawsuit.

Read more
Answered on 5/29/07, 2:10 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: land access ''Easement by necessity''

You should contact an attorney who practices in the county where the land is located ASAP. If you do not move quickly to protect your rights, a legal doctrine known as "laches" may prevent you from getting relief. I would suggest trying to get a temporary restraining order, followed by a permanent injunction.

Read more
Answered on 5/29/07, 4:17 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Georgia