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Old 12-31-2001, 12:29 AM
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easement/right of way


I live in white county,ga.We purchased (5 years ago) a 3 acre parcel of land from an individual who owns quite a few acres adjacent to our purchase.(40 plus acres)By selling us this particular piece of his land he actually land locked(in terms of county road frontage) another
3 1/4 acre parcel that he owns behind ours.He told us that we would need to allow an easement(30 ft) along our property so that he would have access to his 3 1/4 acre.This made sense,so we said that would be fine.
We made this decision without legal counsel(color us stupid!)and now we are not exactly sure what this easement really means.Verbally we believe we agreed to allow him access to this property.Now that we have actually moved to the area and are commencing construction,he has refered to this as a road.Our 3 acres only has 90 ft of road frontage and 30 of it is easement.It seems that after our property was recorded he placed a 30 ft easement along the piece he owns behind us.This actually makes it appear that he would have access from our main road-along the 30 ft easement on our property-then along the 30 ft easement on his property-which dumps out on the rest of the 40
acres he owns.I hope this makes sense to you.
My questions are:Can he use the easement on my property as a driveway to access the parcel behind me as well as to access the other 40 acres.Could he subdivide that parcel into 3 and still use the easement on my property as a driveway?
I only have a warranty deed from the sale of the property which states no specifics in terms of who "holds" the easement.My survey shows a 30 ft easement.I would also like to know specifically what he can do with it and if I am liable if someone uses it to access the property behind us and hurts themselves.
I appreciate your time in reading this and any insight you may provide.
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Old 12-31-2001, 07:20 PM
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Join Date: May 2000
Location: Catatonic State
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You need to hire attorney to review all documents and advise you accordingly.
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