Recent Easement Decision of The Georgia Court of Appeals

The Georgia Court of Appeals recently issued an opinion in an easement case in which an adjacent property owner sought to replace an old sewer line on another tract with a larger line that complied with current City of Atlanta rules, regulations and codes. Parris Properties, LLC v. Nichols,  2010 WL 3386792, 5 (Ga.App.,2010).  The Court examined a variety of issues including the issue of whether the user of the sewer pipe's rights included the right to dig up the old line on the neighbor's tract and replace it.   The Court indicated that the original grant of the easement included the right of maintenance.  It also held that neither the enlargement of the pipe nor the erection of new clean out structures on the neighbor's property violated the scope of the easement.

The case does not seem to significantly change or alter easement law.  It does, however, help clarify whether users of sewer easements have the right to enlarge the pipes to permit changes in rules and upstream conditions over time.  While the case involved a sewerage easement, it also will help provide guidelines for courts and land owners to determine their rights and obligations in maintenance of storm water easements.