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Real property

right of way easement

A right of way is an easement that allows a person to travel through another person’s property to get to certain location. For example, a person might travel through a neighbor’s land to reach a public road or highway. A right of way can be offered to one person, several people, or the public.

In Georgia, a right of way is a type of easement that grants the holder the right to travel over another person's property for a specific purpose, such as accessing a public road or highway. This can be established for the benefit of an individual, a group of people, or the public at large. Rights of way can be created by express agreement, by implication, by necessity, or through prescriptive use over time. Georgia law requires that the terms of an express easement be in writing and recorded to be enforceable. An easement by necessity arises when a property is landlocked and has no other legal access to a public road. Prescriptive easements can be claimed after continuous, open, and uninterrupted use of the property for a period of at least 20 years. It's important to note that the maintenance and use of the easement must be consistent with the terms under which it was granted, and the property owner retains ownership and control over the land subject to the right of way, as long as it does not interfere with the easement rights.

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Real property

right of way easement

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Real property

right of way easement

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