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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100053
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hapeville GA: 40' Drainage Easement DB 16840, Page 130. This

Customer Question

Hapeville GA: 40' Drainage Easement DB 16840, Page 130. This appears on a survey we have been given by a prospective buyer of a property on Virginia Ave. in Hapeville GA. The property is bounded by Virginia Avenue, Lang Avenue and International Blvd. We are told that the easement is for an Army Corps of Engineers box culvert that allows the "Tiger River" (?) to flow beneath the property. Is there a clear height requirement above the box culvert for this type of easement? if so what (in general terms) would the expected height requirement be?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

There is no clear height requirement for such a type of easement. Every easement is different.

The first thing that the parties would do, would be to look to the easement's verbiage. If the easement's verbiage is clear as to the height, it controls. If it is not and the parties cannot agree, then either party can file a QUIET TITLE suit to get the Court to weigh in. The Court would then enter a ruling based on what the Judge/Jury believes (1) the intent of the parties, and, (2) what is reasonable necessary to fulfill the reason for the easement (as you can tell, highly subjective).

The servient and dominant party (servient - owner of land, dominant - owner of easement) are also free to enter into a voluntary agreement to better define the easement's parameters, if needed. The quiet title option is only if the parties cannot agree.

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Expert:  Ely replied 9 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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