Easement Agreement
(GA)

Summary

This easement agreement template provides for an express grant of an easement in real property in Georgia. This template includes practical guidance, drafting notes, and alternate and optional clauses. An easement is an interest in the real property of another that gives the grantee a right to use the grantor's land in some way. Note that an easement provides use rights and not ownership rights or an ownership interest in the land. The land benefitted by the easement is called the dominant estate, and the land burdened by the easement is called the servient estate. An easement in Georgia is created by prescription, by express grant or reservation in a deed, or by implication. Further, an easement may be either appurtenant or in gross. An easement appurtenant benefits the easement owner in its use of the real property, and runs with the land—i.e., it passes with the conveyance of the land to which it is appurtenant. An easement in gross, on the other hand, is personal to the easement owner and does not benefit any real property. Georgia courts will consider the terms of the grant of the easement, the nature of the right, and the surrounding circumstances, giving effect as far as possible to the intention of the parties but favoring always the construction of the grant as of an easement appurtenant rather than of a right in gross. See Stovall v. Coggins Granite Co., 42 S.E. 723 (Ga. 1902). Pursuant to Ga. Code Ann. § 13-5-30, any contract for sale of lands, or any interest in, or concerning lands must be in writing. When Georgia courts interpret an easement, they consider the intent of the parties based on the language used in the instrument and apply the rules of contract construction. See De Castro v. Durrell, 671 S.E.2d 244 (Ga. Ct. App. 2008). As such, and for purposes of clarity, the grantee's counsel should aim to include with specificity all possible acts that the grantee may desire to carry out in connection with the easement. Counsel should note that this template is not for use for an easement by prescription or by implication. In Georgia, a party claiming an easement by prescription must show: • Use of the easement that is adverse for seven or more years • The easement is not wider than 20 feet • The original easement width is the same as the existing width • The plaintiff maintained the easement and kept it open for seven uninterrupted years See Ga. Code Ann. § 44-9-54; Jackson v. Norfolk S. R.R., 566 S.E.2d 415 (Ga. Ct. App. 2002). An easement by implication in Georgia may arise from reference to a plat or map. See Goodson v. Ford, 725 S.E.2d 229 (Ga. 2012). This template assumes: • The grant easement is appurtenant and will run with the land • The servient estate's attorney is drafting the agreement • The parties agree as to the precise easement location • The parties have obtained a survey of the easement area For additional information on easements under Georgia law, see Southeast Transaction Guide §§ 261.01-261.06. For further guidance on drafting and negotiating easement agreements, see Easement Agreement Basics.