Easement in Georgia
State-specific overview · Property & Real Estate
Georgia enforces easements by express grant, implication, necessity, and prescription, with prescriptive easements requiring 20 years of open use.
How Georgia treats Easement
Georgia recognizes easements created by written deed, by implication when property is subdivided and prior use patterns indicate an easement was intended, by necessity when land is landlocked, and by prescription after 20 years of open, continuous, and uninterrupted use. Georgia courts interpret easement language strictly and require clear evidence of the parties' original intent. The state also enforces utility easements and right-of-way easements for roads, water, and power lines.
The general definition of Easement
The right to use someone else's land for a specific purpose, like crossing it or running utilities.
An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.
Read the full Easement entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Georgia.