Legal Question in Wills and Trusts in Georgia

I have a 10 foot too my home and the other house,s have the same. it is a private easement too all three house,s it has been open as of 1957 now the man next door too me is tryiny to clame it an put a l.p. tank in the road the fire truck or any other large trucks can not turn around is this legal and can he clame it be cause he said he has taken care of the road in front of his house?


Asked on 11/15/11, 7:36 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No one here has read the wording of the easement. Without knowing that and seeinga plat and getting other details, there is no way to answer you. You should see a real estate lawyer in your area.

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Answered on 11/15/11, 9:35 am

Why is this a probate questioin? Probate deals with the disposition of estates for dead people. Trusts, wills and estates generally deal with estate planning.

You have asked a question involving land and real estate. Is the easement in your deed? In any of the other deeds? Or is it in a separate deed?

Generally, easements to properties are for ingress and egress (coming to and from the property from a road). People who have the easements granted have the right to use the easement for the purposes outlined. They do not have the right to obstruct the easement and prevent other easement holders from using it.

What I would do is go to a real estate attorney in the county/state where the land is located. If you have a survey or plat, great. I would get copies of your deed as well as that of the adjoining landowners. Go the register/recorder of deeds for the county where the land is located, but if you know the names and addresses, you may be able to look it up online. Surveys and plats are also recorded. Take these documents to the attorney and pay him/her for 30-60 minutes and let them review the documents and give you his/her opinion. If it turns out that another lot owner is obstructing the easement, then the lawyer can send the man a letter and demand that he remove the obstruction. If he refuses, then you and the other affected landowners can take him to court.

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Answered on 11/15/11, 8:46 pm


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