Legal Question in Real Estate Law in Georgia

land ownership

I have 5 acres of land in the county; that adjoins a friends land. Through the middle of this land a small road has been cut from the highway to the back side of our property.We pay taxes on this property my neighbor and my self. The renter of the property in the back side of the property has took it upon himself to ask the county to scrap the road and cut down trees on the side of the ditch bank on numerous occasions. We have asked the county to leave our trees alone this person doesn't own the property. The county says they own it and they have the right to come and trim trees or scrap if they wish. If they own it how come my neighbor and my deed reads that our land line runs down the middle of this road and we pay taxes on it.What can we do?


Asked on 8/29/02, 9:57 pm

1 Answer from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: land ownership

I thought I had already posted a reply.

The holder of the easement can take reasonable steps to keep the easement clear for the purpose for which it was granted. "Reasonable" can vary from case to case. You should contact a local attorney, because visual inspection of the property is necessary to determine whether a judge would view the cutting as reasonable.

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Answered on 8/30/02, 9:49 am


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