How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102380
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
Type Your Real Estate Law Question Here...
Ely is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year 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.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year 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!

Related Real Estate Law Questions