Legal Question in Real Estate Law in Georgia

Easement

Our neghibors have been using an easement to their house on land that we own. They have an easement on their property that takes them right up to their front door. they also have another entrance to their property on land that they own. What I want to know can we close the easement that they have been using on our land. And they will have to use the easements on the land they own.


Asked on 1/19/02, 5:55 pm

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: Easement

It is not possible to answer this question correctly based on the few facts you posted. You must describe how the neighbor acquired the easement, under what conditions, whether in writing or oral and how long they have used it. You did show that they have an alternative route. But, if the other easement is still valid, then so what. This may not be a mere easement by necessity, but could be a conveyed easement or an easement in gross or an easement appurtenant, etc. If you want to challenge it, you will need a local property lawyer in your local county and the only forum with good jurisdiction and venue is the local suprior court where the property is located. Hugh Wood

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Answered on 1/20/02, 11:12 pm


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