Legal Question in Real Estate Law in Georgia

Real estate easement

I have a piece of property with no row frontage but has driveway access to the road and have had it for 30+ years. This was caused by the right-of-way for the road being shifted from a land lot line which took away my road access.

It is no more 8-10 ft of distance from the road. I have been unable to get a quit-claim deed for these few feet. I think I have permanent rights to this driveway.

Is this true? Should this impact my ability to get a loan on the house?

Thank you.


Asked on 4/18/07, 10:17 am

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Real estate easement

You should consult with a local real estate attorney, who may also want to consult with one of the title companies. Whether you can get relief will depend upon the title history.

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Answered on 4/18/07, 10:49 am
Robert Thompson J. Robert Thompson Attorney

Re: Real estate easement

Barring some unusual facts in the title history, you should have some form of permanent right in this access (possibly a prescriptive easement or easement by necessity). You should consult a real estate attorney, and provide a full factual history, including documentation.

This will impact your ability to get a loan, since any lender will require a title insurance policy insuring your right to the access; adn this will require a title opinion from an attorney that you have a permanent claim.

I would suggest that you consult an attorney with an established relationship with either your lender or a title insurance company.

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Answered on 4/18/07, 11:42 am


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