Legal Question in Real Estate Law in Georgia

Right-of -Way or Easement ownership

My father lives in my grandparents old house, there was a driveway built in the early 50's to allow access to the house. Since that time there has been another road built beside the house. The original Right-of-Way on which the original driveway sits is still used and has been maintained by my family for over 40 years. The new adjoining property owner has told my father he does not own the land and he is going to put a fence up at the end of the drive. Can he do that? What about the principle of adverse possession?


Asked on 9/26/99, 6:05 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Right-of -Way or Easement ownership

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Based on the few facts you gave me, I think you win. Your family owns the dominent estate. Your neighbor owns the servient estate. It appears you have an easement appurtenant -- whether acquired by use, grant, prescription or adverse possession. Now, if your neighbor can show that you ABANDONED the easement somewhere during the last 40 years, he may win. However, based on the facts that you quote, I would suggest that you get a local lawyer -- have him or her review the title. Write you neighbor the facts of life -- that you own the easement -- and sue for enforcemetn if he blocks the road. BTW. GA has some wierd jurisdiction concerning easements. I believe that the Superior Court always has jurisdiction. However, GA gives concurrent jurisdiction over the blocking of private roads to the local probate judge. If you can get juriscdition in your county probate court over this matter, it will be a faster resolution. However, the title will (for ultimate sale purposes) will be cleaner and fare better, if you go through Superior court. Yours Hugh Wood

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Answered on 9/28/99, 11:00 am


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