3. Covenants/Easements Flashcards
What is a Covenant Running with the Land in Georgia?
A real covenant is a written promise to either do something on the land (like maintain a fence, or cut the grass) OR a promise NOT to do something on the land (like build commercial buildings).
Real covenants “run with the land,” so subsequent owners of the property can enforce them or be burdened by them.
There are four elements that must be met for a covenant to run with the land at law:
(i) intent that it runs with the land;
(ii) notice;
(iii) “touch and concern” of the covenant to the land; and
(iv) privity of estate.
How long can covenants limiting land use in zoned areas last in Georgia?
Covenants limiting land use in zoned areas cannot exceed 20 years, unless created before zoning laws were enacted.
Does the 20-year limitation on covenants apply to the government in Georgia?
No, this limitation does not apply in the case of covenants or easements in favor of the government or any entity holding for public use.
What is the renewal period for covenants in planned subdivisions in Georgia?
Covenants limiting land use in planned subdivisions with 15 or more plots automatically renew for 20 years each time, with no limit on renewals unless terminated.
How can a covenant be terminated in Georgia?
A covenant can be terminated if 51% of plot owners sign and record a document with required details within two years before the initial 20-year period or any subsequent 20-year period expires.
What is required for new restrictions in covenants in Georgia?
New restrictions in covenants require written agreement from the affected property owner.
Does Georgia law prohibit discrimination in covenants?
Yes, Georgia law prohibits covenants that discriminate on the basis of race, creed, age, sex, or national origin.
What is an easement?
An Easement is a nonpossesory interest in the land of another. It is a specific use of another’s land for some purpose.
Easement by Prescription in Georgia
a person can acquire an easement by prescription if the following conditions are met:
- Open and Notorious Use – The use of the property must be visible and obvious so that the landowner has a reasonable chance to notice it.
- Continuous and Uninterrupted Use – The use must be ongoing and consistent for at least 20 years.
- Exclusive to the Claimant – The person claiming the easement must use the land in a way that is distinct from the general public.
- Adverse or Hostile Use – The use must occur without the landowner’s permission (not a license or agreement).
- Definite and Specific Path or Purpose – The use must be well-defined, such as a driveway, path, or road, rather than random or scattered use.
What is the time period for improved land of Prescriptive Easements in Georgia?
Under Georgia law, the period for improved land is seven years.
What is the time period for unimproved land of Prescriptive Easements in Georgia?
Under Georgia law, the period for unimproved land follows the 20-year rule.
