Legal Question in Real Estate Law in Georgia

I have property where over 15 years ago there was an easement to a parcel of landlocked land next to mine. that owner never used the easement and that parcel has changed hands 3 times since then. the land itself has not been landlocked for at least 13 years as the buyer back then combine multiple properties and there is full access to the previous land locked section. A new owner has just started asking me to allow him access via this old easement because it is more convenient then the access he currently has, which is a path he cut out down a hill on his own property.

at this point I am saying no, there is no passable road to this property and where the easement is I have pipes underground that could be damaged by a road. this is wooded rural property, and I for one don't want to cut the road or have them damage my property by him cutting thru.

so my point is he does have access via his own property and the easement which has never been used is invalid.

am I correct? this is GA state.


Asked on 5/08/14, 11:48 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If there is a properly recorded easement it doesn't just get wished away by your wishes. It was foolish to talk with the other party without seeing a lawyer. While OCGA � 44-9-6 does provide that easements can be abandoned by non-use, don't just assume that you're right (you may orr may not be). No one who has not read the easement, researched the title and gets details on the history can answer you. And if there is an easement, knowing the scope of it matters. A consultation is cheap - far cheaper than a lawsuit. Stop putting yourself at risk and call a lawyer to set an appointment.

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Answered on 5/09/14, 12:07 am


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