can you just take out an ingress-egress easement?

This is a discussion on can you just take out an ingress-egress easement? within the Neighbor Law forum, part of the Other Real Estate Law Matters category; Hi I live in Georgia. I purchased 6 acres in 2001. The lady I purchased the land from has 4.77 ...

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Old Jul 29th, 2008, 02:24 PM   #1
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Confused can you just take out an ingress-egress easement?

Hi I live in Georgia. I purchased 6 acres in 2001. The lady I purchased the land from has 4.77 acres next to be all the way in the back. She recorded an ingress -egress easement to get to her house. When I bought the land in 2001 I was told I had right away of the easement to get to the back of my property. On my deed it says my property runs along the ingress egress easement. Well the original owner sold her property in 2004, and said she had the ingress egress easemet removed to protect herself from being land locked. What are my rights to this easement. This is the only way to get to my work shop in the back. She also shares my well water which is located at the top of my property and her pipes runs down 580 feet on the easement. We also are doing a circle driveway and are concreting the driveway. our intentions were to make it go to the edge of the easement and she says I cannot. She told me her attorney says I have no right. Is this true. On my survey it also indicates the easement. Any advice would be great.

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Old Jul 30th, 2008, 10:07 AM   #2
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Default Re: can you just take out an ingress-egress easement?

You should have those rights and if you have to, you may go to court to get a judge to rule. The courts don't favor land locking a party.

Have your local title company do a survey and opine for you.
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Old Jul 31st, 2008, 08:45 AM   #3
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Default Re: can you just take out an ingress-egress easement?

Should I get the titile insurance that closed on my loan for me to do the survey? Thank you for your quick response.
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