Who is responsible for maintaining an easement in Georgia?

As a general rule, “the holder of an easement is responsible for repairs to the easement when the use of the easement is impaired due to lack of maintenance.” Equitable Life Assurance v. Tinsley Mill Village, 249 Ga, 769, 771 (1) (294 SE2d 495) (1982).

How close can you build to an easement Vic?

Within metropolitan Melbourne the rules largely prohibit the construction of any permanent or habitable structures over a sewer and water mains or within a 600mm horizontal distance of a mains connection. Eaves are typically allowed to encroach an easement by a maximum of 600mm.

What are the two basic types of easements?

There are two types of easements: affirmative and negative. An affirmative easement gives the easement holder the right to do something on the grantor of the easement’s land, such as travel on a road through the grantor’s land.

How does a court create an easement on land?

Creating an easement requires the same formalities as the transferring or creating of other interests in land. It typically requires a written document, a signature, and proper delivery of the document. In limited cases, a court will create an easement by implying its existence based on the circumstances.

Who is liable for an accident on an easement?

In most cases, the easement rights holder, i.e., the party that directly benefits from the easement, is primarily liable for negligently creating a hazardous situation that may result in an accident. You may, however, also be liable to some extent if it’s argued on the rights facts.

Is there a closed list of easements in civil law?

There is no closed list of easements, as there is of servitudes in some civil law jurisdictions. HISTORICAL BACKGROUND OF EASEMENTS The concept of easement can be traced to antiquity and it is said that easement is as old as the concept of property itself.

What happens if someone interferes with an easement?

Interference with an easement is a form of trespass, and courts frequently order the removal of an obstruction to an easement. If interference with an easement causes a reduction in the value of the dominant estate, courts may also award compensatory damages to the easement holder.

What are the causes of action in easement disputes?

Although the above described causes of action of quiet title, declaratory relief and injunctive relief provide the legal framework for most easement disputes, they do not provide the substantive legal theories on which such causes of action may rely in particular cases.

How is an easement recorded on a property?

A property easement is generally written and recorded with the local assessor’s office. The documented easement will show up when a title search is conducted and it stays there indefinitely, unless both parties agree to remove it. Without getting too deep into legal details, here are the types of easements worth knowing about. 1.

How does a court create an easement of necessity?

It typically requires a written document, a signature, and proper delivery of the document. In limited cases, a court will create an easement by implying its existence based on the circumstances. Two common easements created by implication are easements of necessity and easements implied from quasi-easements.

Can a court award compensatory damages to an easement holder?

If interference with an easement causes a reduction in the value of the dominant estate, courts may also award compensatory damages to the easement holder. In general, an easement appurtenant is transferred with the dominant property even if this is not mentioned in the transferring document.