How does an easement move?!?

What is the name of your state? Georgia

My lot shared a twenty foot wide storm drainage easement that ran up the property line from the road with an undeveloped lot next door. This lot was developed during the last three years.
My home's previous residents lived in the house then.

Apparently the easement (all 20 feet) has shifted onto my property and now touches a corner of my house. The previous residents were unaware it shifted and are furious, thinking the builder did something less than ethical. There was no attempt to get a "good faith" agreement from them.

Additionally, it looks like the builder came about 5 feet into my property and rerouted the flow of the storm drainage further down my property line to accomdate his building.

Questions:
1. Can an easement be moved like that with no notice to the people getting stuck?
2. Is there any legal actions that I should be contempating? I have an EXTREMELY irate wife who looking for someones blood.

Note: Were given a formal PLAT a few days after closing by the reality company. Previous sellers were unaware of the change and honestly did not neglect to tell us.

an easement cannot move (99.9% of the time) but if you live in a development with a HOA check the association agreement. Also, the easement should be listed on your property deed.

From the sound of what you posted, the easement has not moved, the storm drainage system has moved.

To answer this question more succinctly, you need more information such as who moved the storm drainage system, what documents do you have showing the easement rights, etc.

Quote- Also, the easement should be listed on your property deed.

- It is on the plat, will have to scrub the deed- thanks!

Quote- From the sound of what you posted, the easement has not moved, the storm drainage system has moved.

- The drainage path has been altered by the builder of the house next door, but the easement (all twenty feet wide of it), is visible on the plat and has shifted (according to the last owners). I am going to get all the historical documentation I can as soon as I get a day off.

Thanks for you help!

[HomeGuru]

Writer, I suggest getting a civil engineer to investigate the problem.

HG,

Not sure I understand. The easement itself isn't current an erosion problem or expected to become one.

I am more concerned with ID'ing who has done what and what needs to be done/can be done.

Is this a civil engineer role?

Thanks!

[HomeGuru]

Originally posted by Woobs
HG,

Not sure I understand. The easement itself isn't current an erosion problem or expected to become one.

I am more concerned with ID'ing who has done what and what needs to be done/can be done.

Is this a civil engineer role?

Thanks!

**A: yes and the engineer could look at the original plans and compare the plans to the existing site condition.

[jimmler]

A land surveyor could research the location of the easement, and tell you whether it has "moved". They could also stake the location of the easement in your yard.

You can go to the local courthouse (or whoever has plats and deeds) and do the research yourself, also. Usually an easement cannot just move, a new plat or deed of easement would have to be recorded. It may take you a while to get used to the indexing system at the courthouse.

The other option is to pay a title company to run a title search on your lot back to when it was created, they will pull all deeds and plats, then you can compare them to the easement that exists now.

[HomeGuru]

Writer, keep us posted.