Legal Question in Real Estate Law in Georgia

driveway easement

I purchased a home in foreclosure with the intent of renovating and re-selling. The legal description on the deed contained a 15' easement for access. The home owner had been using a logging road to access the property. I closed that driveway and put in a driveway across the land and to the road referenced in the deed. At the request of this prior home owner (the foreclosed home) who had inherited the surrounding property from relatives, instead of using an abandoned path to install the driveway, i agreed to run the driveway on the property boundary so as not to divide his remaining property. He recommended the contractor for the driveway installation. The contractor didn't follow the boundary and left approx. 1 acre to the right of the easement driveway for which I had paid him tons of money to install. The same contractor has now offered to buy that acre from the prior home owner to place a mobile home on to rent and intends to use my easement to access this land. This will greatly devalue the property to which I have invested thousands of dollars in renovations. Can the landowner grant this contractor the right to use my easement? Can I place any trees on the easement to hide this property?


Asked on 4/05/08, 3:33 pm

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

Re: driveway easement

It is impossible to give you a reliable answer without reviewing the exact wording of the documents in question, especially the easement. Consult with a local attorney.

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Answered on 4/05/08, 3:51 pm
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: driveway easement

Real estate attorneys, such as myself, investigate many facts before they advise their clients on matters concerning easements. Please call my office if you would like to discuss what is involved.

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Answered on 4/05/08, 8:19 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: driveway easement

You need to retain a lawyer who specializes in real estate, not one who claims to do many areas of law. Check for referrals, as there are normally experienced real estate lawyers in most areas of the state.

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Answered on 4/05/08, 9:48 pm


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