Easements in Cobb County, GA

Easements you'll see most often here

• Sanitary sewer easements following creek valleys
• Detention pond and storm drainage easements
• Georgia Power transmission and distribution corridors
• Subdivision entrance, landscape and sign easements

Local things to watch for

• Sewer easements along creeks are wide and bar sheds, pools and fill inside the strip.
• Entrance and sign easements bind individual corner lots to association maintenance duties.

How to pull an easement document in Cobb County

The whole search takes about half an hour once you know what the index wants.

1. 1

   Collect what the Cobb index searches on

   Write down the parcel number from your Cobb tax bill and the names of the current and previous owners. The Cobb County Superior Court Clerk, Real Estate Division indexes instruments by party name, not by street address, so the owner names are what actually find the document.

2. 2

   Run the names through the Cobb County Superior Court Clerk, Real Estate Division index

   Search grantor and grantee for each owner across the full period they held title, then repeat for the owner before them. In Marietta the documents worth opening are sanitary sewer easements following creek valleys, detention pond and storm drainage easements, georgia power transmission and distribution corridors and subdivision entrance, landscape and sign easements. That is what dominates local title work here, so filter to those types first if the search screen allows it.

3. 3

   What a Cobb hit looks like

   A result row gives you a recording date, an instrument or book-and-page reference, the parties and a document type. None of which tells you where the strip runs. Open the image and read for the width in feet and the distance from the lot line. Sewer easements along creeks are wide and bar sheds, pools and fill inside the strip.

4. 4

   Cross-check on the Cobb parcel viewer

   Cobb County publishes a free public parcel viewer. Find the lot, turn on the plat or easement layers, and see how the recorded strips sit against your boundary. Particularly sanitary sewer easements following creek valleys. Treat the lines as approximate: county GIS is digitized from tax maps and routinely sits several feet off a surveyed line.

5. 5

   Order the copy from the Cobb County Superior Court Clerk, Real Estate Division

   Georgia records deeds through the Superior Court Clerk at a flat statutory filing fee per instrument, with transfer tax paid on conveyances. A plain copy is enough to read and to hand a contractor; a certified copy is only needed for a court filing or a lender.

6. 6

   What the Cobb record will not show

   Entrance and sign easements bind individual corner lots to association maintenance duties. No index anywhere shows a prescriptive claim or an easement implied by necessity, because neither is ever filed. Walking the Marietta lot for worn paths, poles, meters and vent stacks catches what the record misses.

Once you have the document, how to read a recorded easement walks through each clause and what to confirm before you build.

How to get an easement in Cobb County

Creating a new easement is a different job from finding an old one. Here is the local sequence, from the first conversation to a stamped instrument in the Cobb County index.

1. 1

   Settle scope with the burdened owner first

   Owners around Marietta say yes far more often to a specific request than a general one. Bring the purpose, a route you can point at, a width in feet and an offer, and the conversation is about price rather than about whether the idea is reasonable at all.

2. 2

   Fix the location with a GA licensed surveyor

   Nothing gets signed until a Georgia surveyor stakes the route and writes a legal description keyed to the current deed call. The Cobb County parcel viewer is fine for planning the route, but its lines are digitized from tax maps and are not survey grade, so never let a grant rely on them.

3. 3

   Write the grant narrowly, then have it acknowledged

   The instrument must be signed and acknowledged before a notary to be recordable. Confirm the current Georgia signing and acknowledgment rules before the parties meet. Because Detention pond and storm drainage easements rights are common here, spell out whether this grant covers only the stated use or opens the strip to other utilities later.

4. 4

   Record it with the Cobb County Superior Court Clerk, Real Estate Division

   Recording is what makes the right bind the next buyer of the burdened Cobb lot. Georgia records deeds through the Superior Court Clerk at a flat statutory filing fee per instrument, with transfer tax paid on conveyances. Local context worth knowing: Sewer easements along creeks are wide and bar sheds, pools and fill inside the strip.

5. 5

   Check the index, then file the stamped copy

   A few days after filing, search the Cobb County Superior Court Clerk, Real Estate Division index under both party names and confirm the instrument appears with the correct document type and book or instrument number. Send a stamped copy to the title company and to any lender that consented, then store the survey with it so a future buyer inherits the whole picture.

• Getting an easement across someone else's land
• Granting an easement on your own land
• What it costs to record an easement
• Utility corridor requirements: what is allowed inside the strip

Typical easement widths here

Cobb County does not publish a free document setting easement widths in feet, so we do not list local numbers here rather than guess at them. The width that applies to your lot is on the recorded plat or in the grant itself. Common widths used across the country gives you a sense of what the ranges usually look like.

How to dispute an easement in Cobb County

A plain walkthrough of the sequence owners generally follow, with the local office for each step. This is background reading, not legal advice. A property attorney licensed in Georgia should look at anything contested.

1. 1

   Pull the recorded instrument first

   Before anything else, get the document itself. Search the Cobb County Superior Court Clerk, Real Estate Division index by your name, the prior owner's name, or the parcel number, and download the recorded easement with its exhibit. A strip drawn on a plat or shaded in a county map viewer is a depiction, not the grant. The recorded instrument is what controls the width, the route, and what the holder may do inside it.

   Through: Cobb County Superior Court Clerk, Real Estate Division

   • Cobb County recorded-document search
2. 2

   Read the legal description against your lot

   Compare the description in the grant with your deed. Check the stated width in feet, the point of beginning, and whether the strip is fixed by bearings and distances or described loosely as a route "as now used." Vague descriptions are the most common reason a strip ends up in the wrong place, and they are also the most common reason a dispute is winnable.

   Through: Your own deed and title policy

3. 3

   Get a current survey staking the strip

   A surveyor licensed in Georgia can set the recorded strip on the ground and show whether the pipe, pole line, driveway, or fence actually sits inside it. Encroachment outside the recorded corridor, or use well beyond the stated purpose, is the factual basis most disputes turn on. Bring the surveyor the recorded instrument and the plat, not just the county map.

   Through: A surveyor licensed in Georgia

4. 4

   Check whether the right was ever properly created

   An easement binds your lot if it was granted in writing and recorded, implied when the land was split, taken by a public body, or built up by 20 years of open, continuous, and adverse use under Ga. Code Ann. §§ 44-9-1, 44-5-163. If none of those fit, for example the use was always by permission, or the grant was never recorded before you bought, the claimed right may not attach to your title at all.

   Through: Georgia recording and prescription rules

   • Georgia official state code
5. 5

   Put the objection in writing to the holder

   Write to the utility, district, or neighbor who holds the right. State what the recorded document allows, what is happening instead, and what you are asking for. Relocation, repair, a narrower corridor, or a written release. Utilities and districts often have a right-of-way or encroachment desk that resolves overbuilt strips without litigation, and a dated letter also stops a neighbor's permissive use from hardening into a prescriptive claim.

   Through: The easement holder's right-of-way department

6. 6

   Record any agreement you reach

   A relocation, a reduction in width, or a full release only binds the next owner if it is recorded. Have it drafted with a legal description and an exhibit, signed and notarized, then filed with the Cobb County Superior Court Clerk, Real Estate Division.

   Through: Cobb County Superior Court Clerk, Real Estate Division

7. 7

   Quiet title is the remaining route

   If the holder will not release or correct the strip, the dispute is decided by the trial court that hears real property cases for Cobb County. A quiet-title or declaratory action asks the court to say what the easement is, where it sits, and whether it still exists. Deadlines, notice requirements, and the standard of proof vary by state, so speak with a Georgia property attorney before filing.

   Through: The trial court serving Cobb County

Look up another county or read the Georgia easement law page for the statewide rules behind these steps.

Nearby counties we cover

• Fulton County (Atlanta)
• Gwinnett County (Lawrenceville)