Blog: Access and Other Easement Rights

If you are fairly familiar with real estate terms you’ve probably heard of easements. But what is a “quasi-easement”? In Georgia, a quasi-easement is an easement that is implied from a prior or existing use of property.

An easement appurtenant is the legal term for the right to use land (or a portion of it) for a certain specified purpose. The reason why it is called “appurtenant” is that it belongs to the land. If you acquire land that already has an easement appurtenant attached to it, the person’s right to the land will survive. Therefore, it is essential to both search the title and view the land and how it is used before you purchase it. If you are buying another property that benefits from the easement, you have the right to continue to expect that use of the land.

There is a complicated body of law that applies to access to and use of water running through or alongside a property in Georgia. The legal phrase that describes these legal rights and issues is called riparian rights. In Georgia, water rights are considered to be property rights. They are protected by: The United States […]

Easements and covenants are common in real estate and both concern the uses of the land. In some ways, the two can be similar however, here are five ways covenants differ from easements. 1. Covenants Are More Favored by Courts A common American ideal is the freedom for an owner to do what they want […]

When purchasing a home it is important to determine whether any easements exist that encumber your land. Easements grant a third party (“easement holder”) a non-possessory interest in your land. Utility easements are maintained by utility companies for the benefit of other properties and restrict the owner’s use of the land in several ways.