Easement Attorney in Northeast Georgia

An easement is a legal right to use another person's property for a defined purpose, such as access, utilities, or drainage. Easements can be express (created by deed), implied (arising from the circumstances of a property sale), prescriptive (arising from long-term, open use), or statutory (as for utility companies). Each type has different legal requirements and characteristics.

Access Easements

In Northeast Georgia's rural and semi-rural areas, many properties are landlocked, with no access to a public road except across a neighbor's land. Georgia law can supply access through an implied easement by necessity or a statutory private way proceeding (O.C.G.A. § 44-9-40 and following), in which the landlocked owner pays compensation for the access. GA Law Group establishes access rights for landlocked properties and defends landowners against access claims.

Utility Easements

Utility companies hold easements across much of Northeast Georgia for power lines, pipelines, and telecommunications infrastructure. When an owner wants to build near a utility easement, or a utility exceeds its rights, the exact scope and location of the easement matter. GA Law Group reviews utility easements and advises on development planning.

Prescriptive Easements

Georgia law allows easements to arise by prescription, meaning long-term use without the owner's permission. A private way, such as a road or path no more than 20 feet wide, can be acquired by seven years of uninterrupted use over improved land if the user keeps it open and in repair (O.C.G.A. §§ 44-9-1, 44-9-54), or by 20 years over unimproved land. We establish prescriptive rights for long-term users and defend owners against these claims.