Can you legally drive on a private rd in georgia?

[Bioshock]

Already talked with an officer from coweta county..
He only gave me alot of possibilities about how things could happen.

I should have rights to travel the road since I am there on behalf of the mortgage company that owns the house.

I have been told by someone who lives on the private rd not to use it,so it could be considered criminal tresspassing.

If the property is vacant, There easement rights could be terminated..

All depending on what the court would rule..
----

Sounds like a bunch of **** I truly dont want to be involved with.

 

[chucklenut]

Already talked with an officer from coweta county..
He only gave me alot of possibilities about how things could happen.

I should have rights to travel the road since I am there on behalf of the mortgage company that owns the house.

I have been told by someone who lives on the private rd not to use it,so it could be considered criminal tresspassing.

If the property is vacant, There easement rights could be terminated..

All depending on what the court would rule..
----

Sounds like a bunch of **** I truly dont want to be involved with.

why did they tell you not to use it? they have a problem with you or your company?

 

[linebacker]

I would make a trip to tax office and see the plat for myself. If there is an easement shown on the property, you should have access to it legally. If any other doubts, you should call the mortgage company and ask for proof before you possibly trespass.
p.s. need some recon?

 

[Bioshock]

why did they tell you not to use it? they have a problem with you or your company?

Old and grumpy is my guess.

 

[Rooster]

I'm a little unclear. I'm assuming that the house in question, now owned by the mortgage company, is only accessible by this private road? If so, the easement allowing access to the home, as I understand the law, goes with the house. i.e., the mortgage company, and its agents, have the legal right to access the property.

I've had this very same issue accessing my municipalities' reservoir, the road to which is privately owned, although the City has an easement. One call the the Sheriff got that resolved PDQ.

 

[Bioshock]

I would make a trip to tax office and see the plat for myself. If there is an easement shown on the property, you should have access to it legally. If any other doubts, you should call the mortgage company and ask for proof before you possibly trespass.
p.s. need some recon?

This is where part of the problem is...No one knows if the property is occupied or vacant,that is why I need to inspect.
If it is vacant the easement can be terminated..

V. TERMINATING EASEMENTS
As stated above, pursuant to O.C.G.A. § 44-9-5, an easement by necessity will cease once
the easement is no longer necessary. Further, pursuant to O.C.G.A. § 44-9-6, easements will be
lost if they abandoned or forfeited by nonuse. In order for an easement to be deemed abandoned,
the nonuse must continue for a term sufficient to raise the presumption of release or
abandonment. Abandonment is usually a question left for a jury to decide. Easements can
always be terminated by agreement of the parties and through the courts.

 

[the_great_white]

This is where part of the problem is...No one knows if the property is occupied or vacant,that is why I need to inspect.
If it is vacant the easement can be terminated..

V. TERMINATING EASEMENTS
As stated above, pursuant to O.C.G.A. § 44-9-5, an easement by necessity will cease once
the easement is no longer necessary. Further, pursuant to O.C.G.A. § 44-9-6, easements will be
lost if they abandoned or forfeited by nonuse. In order for an easement to be deemed abandoned,
the nonuse must continue for a term sufficient to raise the presumption of release or
abandonment. Abandonment is usually a question left for a jury to decide. Easements can
always be terminated by agreement of the parties and through the courts.

seems necessary to me and since it is owned by the bank, not abandoned.......abandonedment to me would be no vested parties........

 

[Rooster]

If it is vacant the easement can be terminated..

That would depend on the language of the easement. If it were as simple as lack of occupancy voiding an easement, then every foreclosed or for sale home with a shared drive would lose its easement.

 

[linebacker]

This is where part of the problem is...No one knows if the property is occupied or vacant,that is why I need to inspect.
If it is vacant the easement can be terminated..

V. TERMINATING EASEMENTS
As stated above, pursuant to O.C.G.A. § 44-9-5, an easement by necessity will cease once
the easement is no longer necessary. Further, pursuant to O.C.G.A. § 44-9-6, easements will be
lost if they abandoned or forfeited by nonuse. In order for an easement to be deemed abandoned,
the nonuse must continue for a term sufficient to raise the presumption of release or
abandonment. Abandonment is usually a question left for a jury to decide. Easements can
always be terminated by agreement of the parties and through the courts.

hmmm,,,I would get a deputy to just ride up there and see if it is empty. If not get someone else to just ride up there to see if it is empty. If anything is said, heck they were looking for an old friend and thought this was the place. Honest mistakes do happen,,,

 

[the_great_white]

coweta county isnt far for me.....sen me the address and i'll go.....lol