Georgia - Montgomery County Easement Deed Forms

Included Forms

All Montgomery County specific forms and documents listed below are included in your immediate download package:

Easement Deed Form - Montgomery County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 2/3/2023

Easement Deed Guide - Montgomery County

Line by line guide explaining every blank on the form.
Included document last updated 3/8/2023

Completed Example of the Easement Deed Document - Montgomery County

Example of a properly completed form for reference.
Included document last updated 1/31/2023

Guide to Writing an Easement Description - Montgomery County

A Description of the Easement will be required. This will show how to write an acceptable description for a Right of Way Easement, which gives access, to and from - point A to point B.
Included document last updated 11/30/2022

Included Supplemental Documents

The Following Georgia and Montgomery County supplemental forms are included as a courtesy with your order.

Affidavit Certificate (Georgia Document)

Credible Witness Affidavit (Georgia Document)

Translator Affidavit Certificate (Georgia Document)

Witness Signature Certificate (Georgia Document)

Copy Certification by Notary (Georgia Document)

Copy Certification by Document Custodian (Georgia Document)

Guide to Georgia Homestead Exemptions (Georgia Document)

Application for Homestead Exemption (Georgia Document)

Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by Georgia or Montgomery County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the Montgomery County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our Montgomery County Easement Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the Easement Deed forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Montgomery County that you need to transfer you would only need to order our forms once for all of your properties in Montgomery County.
• Are these forms guaranteed to be recordable in Montgomery County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Montgomery County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Easement Deed Forms:

• Montgomery County

Including:

• Ailey
• Alston
• Mount Vernon
• Tarrytown
• Uvalda

What is the Georgia Easement Deed?

An easement can be created by conveyance in a deed. An easement is the right to use another person's real property for a specific purpose, and the easement deed is the instrument that creates this right. An easement in Georgia can be used for many purposes, including for granting the right of a private way over another's land, for the acquisition of light and air, or for boundary line agreements. Most easements will run with the land being conveyed. Additionally, an easement may be lost or forfeited by nonuse if the abandonment or nonuse continues long enough to raise the presumption of release or abandonment ( 44-9-6). An easement deed is subject to the same formalities as any other transfer of other interests in land in Georgia.

In order to be recordable, an easement deed must be signed by the grantor and must contain two witnesses, one of whom must be the notary with his seal attached. If one of the witnesses is not a notary, then there must be an acknowledgment by a notary attached to the deed ( 44-2-21 and 44-2-14). This pertains to easement deeds executed in Georgia as well as in other states. To authorize the recording of an easement deed executed in a state outside of Georgia, it must be attested or acknowledged before one of the officers listed in 44-2-21. If executed in Georgia, the easement deed may be attested by a judge of a court of record, including a judge of a municipal court, or by a magistrate, a notary public, or a clerk or deputy clerk of a superior court or of a city court created by a special act of the General Assembly. With the exception of notaries public and judges of courts of record, such officers may only attest such instruments only in the county in which they hold their respective offices ( 44-2-15).

Every deed conveying lands or affecting title to real property, such as an easement deed, should be recorded in the office of the clerk of the superior court of the county where the real property is located. Recording can take place at any time, but a prior unrecorded deed will lose its priority over a subsequent recorded deed from the same vendor when the purchaser takes such deed without notice of the existence of the prior deed ( 44-2-1). This is known as a race-notice recording act. Instruments affecting title to land that are required by law to be recorded in the office of the clerk of the superior court and which are against the interests of third parties who have acquired a transfer or lien binding the same property and who are acting in good faith and without notice will take effect only from the time they are filed for record in the clerk's office in the county where the property is located ( 44-2-2b).

Our Promise

The documents you receive here will meet, or exceed, the Montgomery County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Montgomery County Easement Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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