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Georgia Easement

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snypir

Junior Member
What is the name of your state (only U.S. law)? Georgia

I am having a dispute with a neighbor about the use of an easement. The road to and from our homes is a private road that forms a circle around a pond, with properties cut out like a pie. The other guy lives on the north side, and I live on the south side, with other person property between us. He races his ATVs around the circle, and I have asked him not to, and to stay on his own property with them. He insists that the easement allows him to use the land, which is more or less my front yard, for whatever purpose he wants, in this case riding his ATVs. Last year I listened to him run around for 3 hours one day, this year I've had enough of it.

I called the police, who said that they can't tell him to stay off of my part of the easement because its a civil court issue, not a police matter and I'd have to take him to court, but that I can file a complaint. I do not want to take someone to court over such a simple thing.

My understanding of private roads and easements is that they are only for getting to and from your property, not for recreation unless otherwise recorded. The property deed I'm on has no mention of an easement, and the county simply has the road marked as private, I can find no recorded easement or anything about the easement being used for recreation. I've spoken to our tax Assessors Office and our real estate department in regards to any easement on the deeds or for the classification of the road. Since its a private road, the county, and I guess the police, won't tell my neighbor what they can or can't do on the easement. The guy at the real estate department even said no one should be driving on our easement unless they are getting to their property, but he has no authority to enforce that.

I am wondering what laws and regulations cover private roads? and are there any that I can cite to my neighbor to explain to him that he is doing something wrong, or at least creating a disturbance with his ATVs. I am in Bourke County, and the road in question is Sunrise Drive if anyone wants to know. This neighbor works and I really don't want to drag him through a court if there are laws I can cite to support my claim that he has no rights to go across my property.What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
The police won't back you up, so there is nothing you can do (short of court) to make him stop if he doesn't want to stop.
 

154NH773

Senior Member
The property deed I'm on has no mention of an easement, and the county simply has the road marked as private, I can find no recorded easement or anything about the easement being used for recreation.
The first thing is to determine if there is an easement, and if so; what does the easement allow.

If you can't search the title yourself, then have a local Title Company do the search specifically for the easement. It shouldn't cost much.

Once you've determined the answer, get back to us.
 

snypir

Junior Member
@Zigner

I understand that, but I am looking for laws or cases to support my opinion that he doesn't have the right to use my property for recreation.

@154NH773

The deed/title has no mention of an easement, this is one of the things that I mentioned to our property assessors office, and to the real estate department when I talked to them, they don't have anything about an easement either, just that the road is a private road, and nothing else recorded. From what the guy told me about the private road information, its basically just a private road and the county doesn't deal with it. All the county seems to have on record is that there's a private road called Sunrise Drive, there's nothing specific recorded about it. I may end up making visits to these offices in person so I can see stuff for myself.

Some of this is confusing me, because I think the "easement" and private road are one in the same, in that the road Sunrise Drive is the easement, that I need to access to get to my property. But all the county office guy told me was that he shouldn't be going over my property unless its to get to his, but that that office doesn't enforce laws, and that if the sheriffs office won't help me that I'd have to take it up with the county magistrate court.

What are the consequences of our deeds not having an easement in them? are there default rules for stuff like this? Also, the other guy is claiming the easement can be used for anything, I'm saying it can only be used to get to our properties, if there are no rules or written easement, I suppose it'd have to be settled in court?


I am trying not to have to go to court with this. I am looking for information one way or another if I have the right to tell him to keep off my property or not, since he doesn't require passage through my property to get to his, or any other land he would have rights to. I don't want to file a complaint and go to court unless I have some ground to stand on, which is why I have been looking for other cases, but haven't found any yet. If I can find some laws explaining limits on the use of easements, I might be able to convince the sheriffs office to enforce it, or at the very least I can tell the guy so that he knows if I take him to court I'd win.

On a positive note, I haven't heard him riding around again. Maybe he gained some decency.

What would the difference be between asking my county offices for title information verse asking a company to do it? I would assume my county offices would supply any needed information to me?
 
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Ozark_Sophist

Senior Member
You need a title search performed. Just because the easement does not appear on your deed it does not mean there is not an easement.
 

154NH773

Senior Member
What would the difference be between asking my county offices for title information verse asking a company to do it? I would assume my county offices would supply any needed information to me?
The County Offices have no obligation to you in providing accurate information on your title; all they do is file and record deeds and other documents. It may require a search of previous titles, going back many years and owners, to discover an easement of record.

You do not have a good understanding of what an easement is, or how a private road may be created. For that reason, I would advise talking to a local lawyer.

Essentially; a private road only means that it is not owned by a government entity (town or state).

The next question that you must determine is; who owns the roadway. Do you own the piece that "appears" to cross your property, or is it owned by some private entity (homeowners association or other).

If you own the piece crossing your property, then it is likely that an easement was granted to others needing to use it. That easement may be recorded by any previous owner of your property, which could include the owner of the entire original tract. The easement language doesn't have to show up in your deed. Once recorded against your property, it becomes appurtanent to your land (permanently attached to it) and only a search back through the chain of ownership deeds may uncover it.

I don't believe you will get any credible answer other than; Get a title search.
 
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snypir

Junior Member
So the easement is simply recorded as "80' ingress and egress easement" on the plat for the whole subdivision, and shows that each piece of property has the easement on its edge (we're all pie-shaped properties, the easement goes around the outside)

The titles for the each property state "Subject however, to all valid easements for roads or utilities of record or in existence upon said land and as shown upon the above referenced subdivision plat" (which is what I wrote above)

and it also says "Subject also to those certain restrictive covenants promulgated by Excel Edco Investments, INC" which are recorded also, and have not expired, and the number 5 entry on it is:

5. Purchaser shall commit no nuisance and shall suffer no nuisance to be committed by his guest or invitees. No noxious or offensive trade or activity shall be carried on upon any lot or parcel

There is no HOA, but I believe there are other cases where covenants were applied, I'm not positive.

Sorry for the 30 day delay, he hadn't been riding so I thought our issues were settled but he started again last night, went by twice at wide open throttle on a racing type 4 wheeler.

My argument is that the easement is not intended for recreational use, and I'm wondering if that would hold up in court, and if I could also claim that he is creating a nuisance by his actions.

I was also wondering, he goes out into a field that is in front of my house, but there is no residence there, its just farmland. The last time I spoke to the owner, he had not given permission to anyone to ride out there, but said he can't put up a fence to stop people. Am I allowed to report him for trespassing, or I would guess the land owner would have to report him?
 

Pinewood

Junior Member
Here in Massachusetts, as it was explained to me, the only part of an easement you can use is the "actual" part that necessitates you having access to your property.

So, if he is using a part of the easement that is beyond his property, then he would be in violation of the easement.

Maybe you could check out the laws in your state, but I would think it would be the same.
 

drewguy

Member
So the easement is simply recorded as "80' ingress and egress easement" on the plat for the whole subdivision, and shows that each piece of property has the easement on its edge (we're all pie-shaped properties, the easement goes around the outside)
Based on this description you may have an argument that uses other than ingress/egress are not permitted. If you can establish that riding the ATV doesn't come within ingress/egress you may be able to get him to stop as a civil matter. You will need a lawyer to handle this case.

Whether riding an ATV constitutes a nuisance is a separate issue. I don't think that necessarily involves use of the easement--it could (or could not) be a nuisance regardless of the easement, but you will have to show harm. Noise? Dust? Unreasonable amounts of both?

I doubt the cops are going to do something about trespassing on another person's property. That's for the owner to complain about--they might come once, ask the owner if it's a problem, and if he says "no it's not" that will be the end of it.
 

154NH773

Senior Member
Here in Massachusetts, as it was explained to me, the only part of an easement you can use is the "actual" part that necessitates you having access to your property.

So, if he is using a part of the easement that is beyond his property, then he would be in violation of the easement.
It is a circle, so either way would be legal for ingress and egress.

If you can establish that riding the ATV doesn't come within ingress/egress you may be able to get him to stop as a civil matter. You will need a lawyer to handle this case.
Probably the best approach.
 

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