Read the following case, then include a legal memo on the case. Include a brief answer to the legal question, a statement of facts, an analysis, and a conclusion. Synthesize the holdings of the primary authorities provided.

case:

Robert and Jane Moore live in Macon, Georgia and have to repair the gutters on their home. There is eight feet between their house and their neighbor's. The properties are adjoining; the neighboring Kandler house is north of the Moore house. The Moore's contractors and carpenters must enter the Kandler property to work on the gutters on the north side of the house. Mrs. Kandler is not very pleased that workers are entering her property. The Moores came to our office to find out what they should do. The Moores specifically asked if they should obtain an easement to grant them a right of way on Mrs. Kandler's property to make the repairs.

Issue: What legal access would allow the contractors and carpenters, repairing the gutters on the Moore house to enter the adjoining property belonging to Mrs. Kandler?

Statutory Authority

O.C.G.A. 1234-3-13

If the repair and maintenance of an existing single-family residence cannot reasonably be accomplished without entering onto the adjoining land, and if the owner of the adjoining land refuses to permit entry onto that adjoining land for the purpose of repair and maintenance of the single-family residence, then the owner of the single family residence may bring an action in court to compel the owner of the adjoining land to permit entry for the purpose of repair and maintenance where entry will be granted solely for the purposes of repair and maintenance.

Case Authority

Young v. Old, 45 Ga.App. 62 (2012).

The need to enter the land of an adjoining property for the purpose of making repairs to one's own property should not mandate that an easement be acquired. An easement grants a right of way, but only the landowner can create an easement. The adjoining landowner may view the repairs as a nuisance and would not grant easement. Sometimes repairs must be performed on a single-family residence that requires entering the adjoining land. Georgia law O.C.G.A. 1234-3-13 was created to avoid the need to obtain an easement to enter adjoining land when the sole reason for the right of way is to make repairs on a single-family residence.