Actions Affecting Easements; Parties; Power of Court to Modify or Terminate Easement

  1. Law
  2. Georgia Code
  3. Property
  4. Historic Preservation
  5. Uniform Conservation Easements
  6. Actions Affecting Easements; Parties; Power of Court to Modify or Terminate Easement

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  1. An action affecting a conservation easement may be brought by:
    1. An owner of an interest in the real property burdened by the easement;
    2. A holder of the easement;
    3. A person having a third-party right of enforcement; or
    4. A person authorized by other law.
  2. The easement holder shall be a necessary party in any proceeding of or before any governmental agency which may result in a license, permit, or order for any demolition, alteration, or construction on the property.
  3. This article does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.

(Code 1981, §44-10-4, enacted by Ga. L. 1992, p. 2227, § 1.)


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