I. About This Article
An easement in Georgia is a limited real right to use another person’s real estate. In practice, easements are particularly important for land plots, access roads, the operation of commercial properties, neighbour relations and legal risk assessment before purchasing real estate.
Easements often arise where one real estate property needs to use another real estate property. For example, a land plot may need the use of a neighbouring plot for an access road, utilities, water supply, preservation of a view or another specific purpose.
An easement is a restriction on ownership. It does not deprive the owner of the property, but it limits the owner’s rights within the scope of the easement. Therefore, before purchasing property encumbered by an easement, the buyer should know exactly what right a third party has over the property and how this may affect the use of the property.
The case law of the Supreme Court of Georgia emphasizes that an easement is a real burden that arises over a land plot or another immovable thing and limits the authority of the owner of the encumbered property during the existence of the easement.
In practice, easement-related disputes often arise when parties confuse an easement with a necessary road, fail to properly check a restriction registered with the Public Registry, define the scope of the easement unclearly or assume that a change of property owner automatically cancels the easement.
This article will help you understand what an easement is, how it differs from a necessary road, how an easement arises, why registration with the Public Registry matters, what benefit must be created by an easement and when cancellation of an easement may become relevant.
The article also explains what a buyer should consider before purchasing property encumbered by an easement and how a business should prepare before entering into an easement agreement.
II. What Is an Easement?
Under Article 247 of the Civil Code of Georgia, a land plot or other real estate may be used for the benefit of the owner of another land plot or other real estate in such a way that this owner has the right, in specific cases, to use the property, prohibit certain actions on that property or exclude the exercise of certain rights of the owner of the encumbered property in relation to another property.
In other words, an easement is a burden imposed on one immovable thing for the benefit of another immovable thing.
In an easement relationship, there are two properties. One is the encumbered property, where the owner’s right is restricted. The other is the benefiting property, whose better use is supported by the easement.
For example, if the owner of one land plot needs to pass through a neighbouring plot in order to connect to a public road and the parties agree on this, a road easement may be established.
III. How Does an Easement Differ from Ownership?
Ownership gives the owner broad powers to possess, use and dispose of property.
An easement, however, is not a transfer of ownership. It is the granting of limited use or another specific authority over another person’s property.
The owner of the encumbered property remains the owner, but the owner’s authority is limited within the scope of the easement. For example, if a road easement is established over a land plot, the owner must tolerate the use of that road by the entitled person, if such use is included in the content of the easement.
This is why easements are especially important when purchasing real estate. A buyer may become the owner of the property, but may receive the property already encumbered by an existing easement.
IV. What Types of Rights May an Easement Include?
An easement may include several types of rights.
The first is the right of use. This may include use of a road, installation of utilities, use of water, placement of technical equipment or another specific form of use.
The second is prohibition of an action. For example, the owner of the encumbered property may be prohibited from carrying out certain construction, changing the appearance of the property or performing another action that harms the use of the benefiting property.
The third is exclusion of the exercise of a certain right. For example, the owner of the encumbered property may be restricted from exercising a specific claim or protective right against the benefiting property.
It is important that an easement cannot be abstract or unlimited. Its content must be specific, defined and connected with the better use of the benefiting property.
V. When Is an Easement Established by Agreement of the Parties?
As a rule, an easement is established by agreement of the parties.
This means that the owner of the encumbered property and the owner of the benefiting property agree that one property will serve another property within certain limits.
Such an agreement must be clear. It should define which property is encumbered, for the benefit of which property the easement is established, what the content of the easement is, what area it covers, for what period it is established, whether remuneration applies and how the right granted by the easement may be exercised.
The agreement of the parties is especially important because an easement restricts ownership. Unclear wording may later become the basis for a dispute, a Public Registry registration problem or disagreement over the scope of use.
VI. How Does an Easement Differ from a Necessary Road?
Easements and necessary roads are often confused, but there is an essential difference between them.
An easement is generally established by agreement of the parties. The will of the owner of the encumbered property and the agreement on specific conditions are decisive.
A necessary road, however, is a legal right arising by law. It is used when a land plot does not have proper access to a public road and the use of a neighbouring plot is necessary for the isolated property to be used according to its purpose.
The case law of the Supreme Court of Georgia emphasizes that a necessary road is always dictated by unavoidable necessity and is established on the basis of law, while an easement is established on the basis of the parties’ will.
Therefore, if the parties agree on the use of a neighbouring plot, an easement may be established. If there is no agreement but the legal preconditions exist, the matter may be resolved through a claim for a necessary road.
VII. What Is a Necessary Road and When Can It Be Claimed?
A necessary road is a legal right to use another person’s land plot where a land plot does not have proper access to a public road.
According to court practice, to claim a necessary road, the claimant should indicate several main preconditions: the claimant must be the owner of a land plot; the plot must not have proper access to a public road; the use of the neighbouring plot must be required by the factual location and functional purpose of the property; and the neighbouring plot must be the only proportionate means for achieving the purpose.
A necessary road is not a right of convenience or easier movement. It applies where the problem of access to a public road is real and use of the neighbouring plot is necessary.
For this reason, evidence is particularly important in necessary road disputes: cadastral plans, expert assessments, evaluation of alternative roads, location of the property and actual use.
VIII. Why Is the Will of the Parties Important When Establishing an Easement?
For an easement, as a real property transaction, the genuine and free will of the parties is necessary.
If the owner of the encumbered property does not agree to encumber the property with an easement, an ordinary contractual easement cannot be established. In such a case, if the legal preconditions exist, the issue may be assessed from the perspective of a necessary road or another legal right arising by law.
The Supreme Court of Georgia has emphasized that an easement requires the validity of will, which means the free expression of the parties’ will within the framework of the rules regulating this transaction.
Therefore, when drafting an easement agreement, the will of the parties must be clearly expressed. It is especially important that the agreement is not unclear as to what right is granted to the entitled person and what restriction is accepted by the owner of the encumbered property.
IX. How Does an Easement Arise Over Real Estate?
The rules applicable to the acquisition of immovable property apply to the establishment of an easement.
This means that, where an easement arises from a transaction, the agreement of the parties and registration of the relevant right with the Public Registry are required.
For registration of an easement, the application of an interested person, the relevant transaction and documents necessary for the Public Registry to identify the content of the easement, the properties, the parties and the registration basis are required.
An easement may be established for a fixed term or without a fixed term. It is also possible to agree on a conditional easement, provided that its content and condition comply with the law.
X. Why Is Registration of an Easement with the Public Registry Important?
Registration of an easement with the Public Registry is important because an easement is a real right and the creation of such a right over real estate is connected with the principles of publicity and registration.
A registered easement appears in the Public Registry extract and informs third parties that the property is encumbered by a specific right.
For this reason, checking the Public Registry extract before purchasing property is essential. If the property is encumbered by an easement, the buyer should assess what area the right covers, what type of use it includes, for what period it is established and how it will affect future use of the property.
For more information about the importance of registration of rights over real estate with the Public Registry, see our blogs: Property Registration Based on a Gift Agreement — What You Should Know About Gift Agreements, the Public Registry and Registration of Ownership Rights; and Real Estate Registration — Legal Support.
For more information about other registrable rights of use, see our blog: Lease Registration — What You Should Know About Registration of Lease Rights with the Public Registry, Time Limits and Mandatory Cases.
XI. What Legal Effect Does an Easement Have for a Later Owner of the Property?
An easement, as a limited real right, follows the property.
If a person buys a land plot or another real estate property encumbered by an easement, the person receives the property with that burden. A change of owner does not automatically cancel the easement.
The Supreme Court of Georgia has explained that an easement, as a limited real right, follows the principal right when its owner changes. Therefore, the acquirer of property encumbered by an easement becomes the owner subject to the restriction that already existed over the property.
This is especially important when purchasing real estate. A buyer should check not only ownership rights, but also all limited rights and restrictions, including easements, mortgages, leases, rights of superficies, seizures or other entries.
For more information about contractual matters related to purchasing real estate, see our blog: Sale and Purchase Agreement — What You Should Know About Defective Goods, Payment of Price and Withdrawal from Contract.
XII. What Is the Benefit Created by an Easement?
One of the necessary preconditions for the existence of an easement is that it creates a benefit for the entitled person in the use of that person’s land plot or other real estate.
This benefit may be economic, for example, use of an access road to a warehouse for distribution. However, the benefit is not always economic. It may also be ideal or intangible, such as maintaining a peaceful residential environment or preserving a view.
The essence of an easement is that one property serves the better use of another property. If such a benefit does not exist, the basis for the existence of the easement may become disputable.
Therefore, an easement agreement should show what need the easement serves and what benefit the benefiting property receives through the use of the encumbered property.
XIII. When Can an Easement Be Cancelled?
Cancellation of an easement depends on how the easement arose and what legal basis exists for its termination.
If the easement arose on the basis of an agreement, termination generally requires the agreement of the parties on cancellation of the right, compliance with the relevant form and registration of the change with the Public Registry.
An easement may terminate upon expiry of the term if it was established for a fixed period. It may also terminate where it no longer creates a benefit for the entitled person in the use of that person’s property.
However, the mere fact that the owner of the encumbered property no longer wants the easement is not a ground for cancellation.
XIV. What Happens If an Easement No Longer Creates a Benefit for the Entitled Person?
If an easement no longer creates a benefit for the entitled person in the use of that person’s property, the issue of its cancellation may arise.
Article 248 of the Civil Code of Georgia provides that an easement may exist only where it creates a benefit for the entitled person in the use of the person’s land plot.
According to the practice of the Supreme Court, if such benefit does not exist, then the easement itself does not exist. However, proving the absence or disappearance of benefit is not simple. The party requesting cancellation of the easement must substantiate that the easement no longer performs its function for the entitled person.
For example, if an easement was established for an access road to a warehouse and the warehouse continues to function for the same purpose, while the entitled person still needs to use the encumbered property for access to a public road or distribution, cancellation of the easement cannot be justified only by the owner’s wish.
XV. How Should the Entitled Person Respect the Interests of the Owner of the Encumbered Property?
When exercising an easement, the entitled person must respect the interests of the owner of the encumbered property.
This means that the easement must be used within the limits defined by the agreement, the Public Registry entry and the law.
The entitled person should not expand the use of the easement arbitrarily. For example, if the easement was established for pedestrian use, it does not automatically mean use by heavy trucks unless such content was agreed.
At the same time, the owner of the encumbered property must tolerate the negative consequences that necessarily accompany lawful use of the easement.
The main purpose of properly defining an easement is balance: the entitled person should receive a real possibility to better use the benefiting property, while the right of the owner of the encumbered property should not be restricted more than necessary.
XVI. What Should an Owner Consider Before Purchasing Property Encumbered by an Easement?
Before purchasing property encumbered by an easement, the buyer must check the Public Registry extract and the registration documents.
The mere appearance of the word “easement” in the extract is not enough. It is necessary to understand the content of the easement, in whose favour it is established, what area it covers, whether it is fixed-term, whether a specific use regime is defined and how it may affect use of the property.
The buyer should assess whether the easement may interfere with planned construction, commercial activity, merger or division of the property, sale or other use.
If the content of the easement is unclear, legal analysis of the documentation and, where necessary, additional technical or cadastral assessment may be required.
XVII. What Should a Business Consider Before Signing an Easement Agreement?
Before entering into an easement agreement, a business should define the specific purpose of the easement.
First, it should be determined whether the easement is needed for an access road, utilities, water, technical infrastructure, protection of a view, prohibition of a certain action or another specific purpose.
Second, the exact spatial scope of the easement should be defined. If the easement concerns a road, it is advisable to define the width, location, type of use and type of transport.
Third, the intensity of use should be defined. Pedestrian use, movement by passenger vehicle, movement by heavy truck or regular use for commercial distribution may have different legal consequences.
Fourth, it should be determined whether the easement will be fixed-term, indefinite, paid or unpaid.
Fifth, maintenance issues should be defined, including who will maintain the road, gate, pipes, utilities or other infrastructure.
Sixth, the agreement must be prepared in a form suitable for registration because an easement, as a real right over immovable property, requires proper registration with the Public Registry.
XVIII. How TB Legal Can Help
Within our contract law services, TB Legal assists individuals and businesses with preparation of easement agreements, legal due diligence of property encumbered by easements, analysis of Public Registry entries and registration documents, distinction between necessary road and easement, and legal assessment of easement-related disputes.
Our approach is based not only on preparing the text of the agreement, but also on assessing the real use of the property, cadastral situation, relationship between the benefiting and encumbered properties, court practice and Public Registry risks.
If you plan to enter into an easement agreement, purchase property encumbered by an easement or assess whether there is a basis for cancellation of an easement or a claim for a necessary road, it is important to obtain legal advice before making a decision.
XIX. Conclusion
An easement is an important property law instrument that regulates the use of one real estate property for the benefit of another real estate property.
Its main feature is that an easement restricts the right of the owner of the encumbered property and, as a real right, follows the property even when the owner changes.
The distinction between an easement and a necessary road is particularly important in practice. An easement depends on the agreement of the parties, while a necessary road is a legal mechanism that applies when the property does not have proper access to a public road.
Proper establishment of an easement, precise definition of its content and registration with the Public Registry reduce the risk of future disputes, restrictions on property use or registration problems.
Contact TB Legal if you need preparation of an easement agreement, assessment of a Public Registry entry or analysis of an easement-related dispute. We will help you assess legal risks and choose the right strategy.
XX. Sources Used
This article is based on the following sources:
- Civil Code of Georgia.
- Commentary to the Civil Code, Book II, commentary on Articles 247–253 of the Civil Code of Georgia.
- Supreme Court of Georgia, case No. AS-525-2025, 5 November 2025, Tbilisi.
- Supreme Court of Georgia, case No. AS-1459-2023, 8 November 2024, Tbilisi.
- Supreme Court of Georgia, case No. AS-1586-2023, 7 March 2024, Tbilisi.
- Supreme Court of Georgia, case No. AS-1346-2020, 15 December 2021, Tbilisi.
- Supreme Court of Georgia, case No. AS-676-2019, 30 July 2021, Tbilisi.
- Supreme Court of Georgia, case No. AS-1058-2020, 9 February 2021, Tbilisi.
- Supreme Court of Georgia, case No. AS-48-2020, 17 September 2020, Tbilisi.
- TB Legal’s practical experience in real estate, property law and Public Registry matters.
Disclaimer
This article has been prepared for general informational purposes only and does not constitute individual legal advice or a legal opinion. Issues discussed in this article may be assessed differently depending on the legal status of the specific property, the content of the easement, the status of the parties, the form of the agreement, registration requirements, Public Registry records and relevant documentation.
Before making a decision in a specific matter, it is recommended to obtain individual legal advice from a qualified lawyer.
