Legal Question in Real Estate Law in Georgia
How is a prescriptive easement determined?
My friend owns a house that is separated from the neighbor's house by the neighbor's driveway. There is no other practical way to access the rear of my friend's house. This includes moving large furniture from the house and rolling the trash out. The previous owner moved out, and my friend moved a piano and refrigerator in, that way. The neighbor has not protested this until recently. Now he won't even let her use it for the trash. Is there, or can there be, an easement for reasonable access to the back of the house?
1 Answer from Attorneys
Re: How is a prescriptive easement determined?
Well it depends. If there is any reasonable access to the rear, even if it it means pouring new concrete to lay a new sidewalk, the courts will not enforce the "easement." From the way you posed the question, you clearly do not have an written easement or an easement that runs with the land. I suspect, based on the few facts here, you are out of luck. However, new facts make for new opinions. HCW
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