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Previous Description:
Your own parcel of paradise this 14+/- acre tract is ready to fulfill your hunting dreams. Lots of deer on this property. Property is land locked please call agent for questions! This property is land locked. Steps to get an easement :Assuming the Army Corp of Engineers would not allow vehicular access over their property. She would then have a right to petition the superior court for a private way of necessity under O.C.G.A. 44-9-40, et seq. This legal provision allows the establishment of an easement over another's property to ensure access. I would suggest having her reach out to a litigation attorney, maybe Matt Horne in Newnan. From other research it does appear she likely has a good claim for a private way of necessity. The problem is she would have the costs of petitioning the court as well as still having to compensate the adjoining landowner. Below is what I know from looking into such actions previously. Petition Process: Filing the Petition: The property owner (petitioner) must file a petition in the superior court of the county where the land is located. The petition should describe the desired easement, including its direction, distance, and any improvements it will traverse. A plat showing the measurements and location of the private way must be attached or incorporated. The petition must also list the names and addresses of all individuals with an interest in the affected property, if known. Service and Advertisement: The petition must be served to all known property owners over whose land the easement is sought. Service methods vary based on the owners' residency status. Additionally, the petition must be advertised once a week for four consecutive weeks in the county's official legal organ, describing the easement and identifying the property owners, as far as known. Selection of Assessors: After service and advertisement, the court appoints three disinterested assessors to evaluate the necessity and impact of the proposed easement. These assessors consider factors such as the petitioner's need for access and the potential burden on the servient property. Assessment and Compensation: The assessors determine the fair market value (FMV) of the easement and any damages to the servient property. The petitioner is typically required to compensate the property owner based on this assessment. Court Approval: The court reviews the assessors' findings. If the petition is granted, the petitioner gains the right to establish the private way, provided they compensate the property owner as determined. Estimated Costs: Filing Fees: These vary by county but generally range from $200 to $400. Service and Advertisement: Costs for serving the petition and mandatory advertising can range from $300 - $500.00. Surveying and Plat Preparation: Hiring a licensed surveyor to prepare the required plat may cost between $1,500 and $4,500, based on the property's complexity and location. Assessor Fees: Assessors are entitled to reasonable compensation for their services, which can vary . Attorney Fees: Attorney fees can vary widely based on the case's complexity and the attorney's experience, but I would estimate anywhere from $5,000-$15,000.00 In addition to these costs, the petitioner must pay the FMV of the easement as determined by the assessors or court. This amount compensates the property owner for the imposed burden of the easement.
Updated Description:
Your own parcel of paradise this 14+/- acre tract is ready to fulfill your hunting dreams. Lots of deer on this property. Property is land locked please call agent for questions! This property is land locked. Steps to get an easement :Assuming the Army Corp of Engineers would not allow vehicular access over their property. She would then have a right to petition the superior court for a private way of necessity under O.C.G.A. 44-9-40, et seq. This legal provision allows the establishment of an easement over another's property to ensure access. I would suggest having her reach out to a litigation attorney, maybe Matt Horne in Newnan. From other research it does appear she likely has a good claim for a private way of necessity. The problem is she would have the costs of petitioning the court as well as still having to compensate the adjoining landowner. Below is what I know from looking into such actions previously. Petition Process: Filing the Petition: The property owner (petitioner) must file a petition in the superior court of the county where the land is located. The petition should describe the desired easement, including its direction, distance, and any improvements it will traverse. A plat showing the measurements and location of the private way must be attached or incorporated. The petition must also list the names and addresses of all individuals with an interest in the affected property, if known. Service and Advertisement: The petition must be served to all known property owners over whose land the easement is sought. Service methods vary based on the owners' residency status. Additionally, the petition must be advertised once a week for four consecutive weeks in the county's official legal organ, describing the easement and identifying the property owners, as far as known. Selection of Assessors: After service and advertisement, the court appoints three disinterested assessors to evaluate the necessity and impact of the proposed easement. These assessors consider factors such as the petitioner's need for access and the potential burden on the servient property. Assessment and Compensation: The assessors determine the fair market value (FMV) of the easement and any damages to the servient property. The petitioner is typically required to compensate the property owner based on this assessment. Court Approval: The court reviews the assessors' findings. If the petition is granted, the petitioner gains the right to establish the private way, provided they compensate the property owner as determined. Estimated Costs: Filing Fees: These vary by county but generally range from $200 to $400. Service and Advertisement: Costs for serving the petition and mandatory advertising can range from $300 - $500.00. Surveying and Plat Preparation: Hiring a licensed surveyor to prepare the required plat may cost between $1,500 and $4,500, based on the property's complexity and location. Assessor Fees: Assessors are entitled to reasonable compensation for their services, which can vary . Attorney Fees: Attorney fees can vary widely based on the case's complexity and the attorney's experience, but I would estimate anywhere from $5,000-$15,000.00 In addition to these costs, the petitioner must pay the FMV of the easement as determined by the assessors or court. This amount compensates the property owner for the imposed burden of the easement.
