Under Georgia law, how can easements be created?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Easements in Georgia can be created through various means, including necessity, implication, or prescription, which makes the choice identifying those methods the correct response.

An easement by necessity arises when a property is landlocked and requires access to a public road—in such instances, the law supports granting an easement for access. An easement by implication can occur when there is a long-standing use of a path or route that, while not formally established, suggests an intention for the use to continue. Lastly, prescription easements are granted based on continuous, open, and notorious use of a property for a certain period, leading to an established right to that use.

This contrasts with other options that would not encompass the full breadth of how easements can arise under Georgia law. Creating an easement solely by express agreement is too narrow, as it does not consider the various circumstances under which easements can legally be anchored. Moreover, governmental action can facilitate the construction of easements but does not define the private creation of easements. Additionally, relying solely on purchase agreements misinterprets the nature of easements, as they can exist independently of the sale of property. Therefore, the comprehensive range of methods highlighted in the correct choice accurately reflects the legal provisions

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