My neighbor has been using a path across my property for years. Do they have legal rights?

Possibly. If the use has been open, continuous, and exclusive for 20 years (Georgia's prescriptive easement period), they may have acquired a legal right to continue using it. Acting quickly — such as by posting notice or blocking occasional use — can interrupt the prescriptive period before it runs. GA Law Group advises landowners on their rights and options.

My property is landlocked — how do I get legal access?

Georgia provides two main options for landlocked property: an easement by necessity (which exists automatically when a seller landlocks a buyer by subdivision of property) and a private way proceeding (a court or county commission process to establish access). GA Law Group handles both procedures in Northeast Georgia.

Can I build on or near a utility easement on my property?

It depends on the easement's terms. Most utility easements prohibit permanent structures within the easement area but allow surface uses like parking or landscaping. Before building near a utility easement, GA Law Group reviews the easement language and coordinates with the utility company to avoid costly conflicts.

How do I legally establish an easement over my neighbor's property?

The most reliable method is a written easement agreement recorded in the county deed records. If the neighbor won't agree, you may have legal options through a court proceeding — particularly if the easement arises from a prior deed's implied access, necessity, or long-term prescriptive use. GA Law Group evaluates your legal basis and pursues the appropriate remedy.

Real Estate

Access Rights and Easement Disputes.

Easements — legal rights to use another's land for a specific purpose — are among the most common sources of real estate conflict. GA Law Group creates, interprets, and litigates easement rights throughout Northeast Georgia.

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An easement is a legal right to use another person's property for a defined purpose — access, utilities, drainage, light, or a range of other uses. 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 — meaning they have no direct access to a public road without crossing neighboring property. Georgia law provides for easements by necessity and private ways (O.C.G.A. § 44-9-40 et seq.) that can establish legal access when no easement exists in the deed records. 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 a property owner wants to develop near a utility easement — or when a utility company exceeds its easement rights — understanding the exact scope and location of the easement is essential. GA Law Group reviews utility easements and advises on development planning.

Prescriptive Easements

Under Georgia law, a person who uses another's land openly, continuously, and exclusively for 20 years may acquire a prescriptive easement — even without the landowner's permission. GA Law Group both establishes prescriptive easement claims for long-term users and defends property owners against them.

Frequently Asked Questions

Easements FAQ

: Possibly. If the use has been open, continuous, and exclusive for 20 years (Georgia's prescriptive easement period), they may have acquired a legal right to continue using it. Acting quickly — such as by posting notice or blocking occasional use — can interrupt the prescriptive period before it runs. GA Law Group advises landowners on their rights and options.
: Georgia provides two main options for landlocked property: an easement by necessity (which exists automatically when a seller landlocks a buyer by subdivision of property) and a private way proceeding (a court or county commission process to establish access). GA Law Group handles both procedures in Northeast Georgia.
: It depends on the easement's terms. Most utility easements prohibit permanent structures within the easement area but allow surface uses like parking or landscaping. Before building near a utility easement, GA Law Group reviews the easement language and coordinates with the utility company to avoid costly conflicts.
: The most reliable method is a written easement agreement recorded in the county deed records. If the neighbor won't agree, you may have legal options through a court proceeding — particularly if the easement arises from a prior deed's implied access, necessity, or long-term prescriptive use. GA Law Group evaluates your legal basis and pursues the appropriate remedy.

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GA Law Group handles easements matters throughout Northeast Georgia. Schedule a free consultation to discuss your situation.

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