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  1. #1
    Rainy Rasmussen is offline Junior Member
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    Easements and Grandfather Clause

    What is the name of your state (only U.S. law)? Ga.
    My husband and I have lived on the property we own for 21 years. We live on 5 acres that is surrounded by about 119. The property that is around us is owned by two separate owners. We have a access easment with one of the owner's father. He has since passed away. We have not had any problems out of the owners of the easement property until they leased the property to a man that uses the property during hunting season only. Now come to find out the driveway we have been using and maintaining for these 21 yrs is not on the true easement. We are off by about 15 to 20 feet. My question is "Can the current driveway be Grandfathered in by law?"
  2. #2
    HomeGuru is offline Senior Member
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    Quote Originally Posted by Rainy Rasmussen View Post
    What is the name of your state (only U.S. law)? Ga.
    My husband and I have lived on the property we own for 21 years. We live on 5 acres that is surrounded by about 119. The property that is around us is owned by two separate owners. We have a access easment with one of the owner's father. He has since passed away. We have not had any problems out of the owners of the easement property until they leased the property to a man that uses the property during hunting season only. Now come to find out the driveway we have been using and maintaining for these 21 yrs is not on the true easement. We are off by about 15 to 20 feet. My question is "Can the current driveway be Grandfathered in by law?"
    **A: yes but the correct terminology is prescriptive easement. So let your attorney know.
  3. #3
    154NH773 is offline Member
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    Now come to find out the driveway we have been using and maintaining for these 21 yrs is not on the true easement. We are off by about 15 to 20 feet.
    Is the new owner making any demands? What problems are being caused by the road not being on the actual deeded right-of-way?

    Have you talked to the new owner to see what he suggests you both do to remedy the situation?

    Naturally, the road not being in the right place can be a problem, but the right of way could be moved, by mutual agreement, to the actual location of the present road. It would require that a deed be prepared and filed, spelling out the easement to be abandoned in favor of the new easement.
  4. #4
    HomeGuru is offline Senior Member
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    Quote Originally Posted by 154NH773 View Post
    Is the new owner making any demands? What problems are being caused by the road not being on the actual deeded right-of-way?

    Have you talked to the new owner to see what he suggests you both do to remedy the situation?


    **A: read the post. There is no new owner.


    ########
    Naturally, the road not being in the right place can be a problem, but the right of way could be moved, by mutual agreement, to the actual location of the present road. It would require that a deed be prepared and filed, spelling out the easement to be abandoned in favor of the new easement.

    **A: maybe this could be done.
  5. #5
    154NH773 is offline Member
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    **A: read the post. There is no new owner
    Picky picky.

    OK... not the "new owner" --- the son of the old owner...

    The point is; if nobody has a problem, take the least expensive route to resolve the issue.
    Last edited by 154NH773; 11-03-2008 at 06:29 PM.
  6. #6
    HomeGuru is offline Senior Member
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    Quote Originally Posted by 154NH773 View Post
    Picky picky.

    OK... not the "new owner" --- the son of the old owner...

    **A: I have discovered over the years that the non picky attorneys lose cases.


    ##############

    The point is; if nobody has a problem, take the least expensive route to resolve the issue.
    **A: if nobody has a problem then there is no issue to resolve.
  7. #7
    154NH773 is offline Member
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    **A: if nobody has a problem then there is no issue to resolve.
    That's true... for now. It would be better to clear up the easement while there is a potentially agreeable landowner. The property could be sold to a hostile party tomorrow, and the cost to resolve might be much higher.
  8. #8
    HomeGuru is offline Senior Member
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    Quote Originally Posted by 154NH773 View Post
    That's true... for now. It would be better to clear up the easement while there is a potentially agreeable landowner. The property could be sold to a hostile party tomorrow, and the cost to resolve might be much higher.
    **A: now you're making more sense.

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