Easement Disputes involve the limited right to use another person's land. Most commonly, this is a "right of way" easement — when one owner needs to cross a neighbor's plot to access their own home, or a "utility easement" — laying water pipes or power lines through someone else's property. Disputes arise when a landowner blocks a path, demands unreasonably high compensation, or obstructs utility installation. In Georgia, where development is often chaotic, many plots are "landlocked" (lacking direct access to a public road), making easements vital. A qualified lawyer will help you prove the right to a "necessary path" in court or negotiate easement terms with a neighbor and register it in the Public Registry to avoid future problems.
What Does Easement Dispute Service Cover?
This service protects the rights of both the person needing access and the owner whose land is burdened. Services include:
- Claiming Necessary Right of Way: Filing a lawsuit to compel a neighbor to grant access when no other alternative exists.
- Drafting Easement Agreements: Formalizing a voluntary agreement between parties and registering it in the Public Registry.
- Determining Compensation: Disputing the amount the easement beneficiary must pay the landowner for usage.
- Termination of Easement: Protecting the landowner's interests if the need for the easement has ceased (e.g., a new public road was built) and requesting removal of the burden.
- Utility Installation: Disputes regarding laying gas, water, or electricity lines across a neighbor's plot.
Real-World Scenarios Where You Need a Lawyer
For example, you bought a plot of land with no road access. For years, a neighbor let you pass through their yard, but now they built a fence and blocked your way. You can no longer reach your home. A lawyer will immediately petition the court to establish a "necessary path" and request an interim measure to open the road until the dispute ends. Another scenario: a neighbor wants to run a sewage pipe through the middle of your yard, hindering your construction plans. A lawyer will help you prove there is another, less damaging route, or demand substantial compensation for the devaluation of your land.
Georgian Legal Framework
Easements are regulated by Articles 247-253 of the "Civil Code of Georgia". Article 180 on "Necessary Way" is particularly important. The law states that if a plot lacks connection to a public road, the neighbor is obliged to grant passage, but they are entitled to appropriate compensation. An easement is a right in rem, meaning it "runs with the land" — if the neighbor sells the land, the new owner is also obliged to let you pass, provided the easement is registered in the Public Registry.
The Process Step-by-Step
1. Alternative Research: An expert checks if another road exists. If none, the claim is legitimate. 2. Negotiation: Sending an offer to the neighbor with compensation terms. 3. Lawsuit: Applying to the court for forced establishment of an easement. 4. Expertise: The court appoints an expert to determine the optimal route and compensation amount. 5. Registration: Registering the easement in the Public Registry based on the court decision.
Why Choose a Specialist on Legal.ge?
Easement disputes are emotionally heavy and technically complex. On Legal.ge, you will find lawyers who know how to balance neighborly relations and legal interests. They will help you gain access or compensation without unnecessary conflict.
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