UPSON v. STAFFORD

A92A1121.

205 Ga. App. 615 (1992)

422 S.E.2d 882

UPSON v. STAFFORD.

Court of Appeals of Georgia.

Reconsideration Denied September 29, 1992.


Attorney(s) appearing for the Case

Miller, Simpson & Tatum, James R. Williamson III, for appellant.

Devaul L. Henderson, Jr., Karsman, Brooks & Callaway, Stanley E. Harris, Jr., for appellee.


BEASLEY, Judge.

Upson and Stafford both own identical non-exclusive "permanent" easements across an 80-foot-wide tract adjacent to their separate tracts of land. The easement, conveyed to Upson in 1982 and to Stafford in 1987, are for the following purposes: (a) ingress and egress; (b) construction and maintenance of roadways; and (c) construction, maintenance and use of utility lines and installations.

Upson constructed a roadway within the easement property...

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