Read the following memo and answer the following question: What responses or remedies could/might the other side state for the following memo.

QUESTION(S) PRESENTED

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?

SHORT ANSWER

According to Georgia law O.C.G.A.1234-3-13, the owner of a single-family home may file a lawsuit to compel the owner of the adjoining property to allow entry for repair and maintenance where entry will be granted only for those purposes. This law was made to eliminate the requirement for an easement when a right of way is needed only to perform repairs on a single-family home.

DISCUSSION

Robert and Jane Moore live in Macon, Georgia, and must repair the gutters on their home. Their property adjoins Mrs. Kandler's property. To work on the gutters on the north side of the house, the carpenters and contractors repairing the Moore property must enter the Kandler property. Mrs. Kandler is not very happy 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.

ANALYSIS

The primary legal authority for this issue is O.C.G.A. 1234-3-13. According to this statute, the owner of the single-family home may file a lawsuit to force the owner of the adjacent property to permit entry for repair and maintenance purposes; however, entry will only be granted for those purposes if entering the adjoining land is necessary to complete the repairs and the owner of the adjoining land refuses to allow entry.

Additionally, the case of Young v. Old, 45 Ga. App. 62 (2012), is relevant to this issue. In this case, it was decided that obtaining an easement was not required when it was necessary to enter the land of an adjoining property to make repairs to one's own. A right of way is granted by an easement, but only the landowner has the authority to do so. The owner of the adjacent property might consider the repairs a nuisance and refuse to grant an easement. However, sometimes it may be necessary to enter the adjoining land to perform repairs on a single-family home. The purpose of O.C.G.A. 1234-3-13 is to prevent the need for an easement when a right of way is needed only to make repairs to a single-family home.

Therefore, based on the statutory authority and case law discussed above, it appears that the Moores may use O.C.G.A. 1234-3-13 to enter their neighbor's property to repair the gutters on their house. However, if the neighbor still refuses to permit entry, they may need to bring an action in court to compel them to permit entry for the purpose of repair and maintenance.

CONCLUSION

In conclusion, they may use O.C.G.A. 1234-3-13 to obtain legal access to their neighbor's property for repairing the gutters. No easement is necessary when a right of way is only required for maintenance and repair.