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easement maintenance

Discussion in 'Easements & Right of Way Law' started by tammy sheppard, Jul 12, 2019.

  1. tammy sheppard

    tammy sheppard Law Topic Starter New Member

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    Jurisdiction:
    Georgia
    Neighbor dispute on Satilla River. Neighbor has 20ft easement ingress/egress only. Lawyer wrote letter of suit if gate not removed. Neighbor provided key by realtor at purchase. Deeds give Grantor's heirs/successors/assigns river access by 20ft easement which crosses both properties. Plat also gives owners of Lot 1-8 Satilla River access by 20ft easement. We own lot 8. We also own the 20ft easement. Can we keep the gate? It has been up 40 years. Gate was up when property purchased. Can we use the 20ft easement on neighbor property to access river since my husband is the grantor's nephew and we own lot 8? Does neighbor have right to pour concrete on easement without our permission? Can we have a restriction on easement deed recorded in Georgia?
     
  2. zddoodah

    zddoodah Well-Known Member

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    Wrote letter to whom? What gate?

    Key for what? The gate? Whose realtor provided it?

    Grantor's heirs? That wouldn't make sense. Did you mean "grantee's heirs"?

    Plat maps don't "give" anything. They merely describe something.

    When you say you own the easement, does that mean you own the dominant estate (i.e., the piece of property whose owner is entitled to use the easement) or the servient estate (i.e., the property on which the easement is located)? Also, this statement seems to contradict your earlier statement that your "[n]eighbor has 20ft easement." How can the neighbor "have" the easement but you "own" it?

    You'll have to do a much better job of explaining the facts for anyone to have any chance of opining about these matters.

    Most easements are restricted in some manner.
     
  3. tammy sheppard

    tammy sheppard Law Topic Starter New Member

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    If the deed only says ingress/egress access only, where can I find the restrictions placed if any?
     
  4. zddoodah

    zddoodah Well-Known Member

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    Any restrictions will be in the deed or in agreements between the parties.
     

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