Do I Have to Honor an Easement

[carsnstuf]

My question involves real estate located in the State of: Georgia
I bought a home and 5 acres about 3 years ago. My home is surrounded by 9 acres owned by the man who built my house. He lost the home to foreclosure some years ago. The driveway he uses to get to his property is mine. The deed does not show an easement but the survey does.

After my divorce about a year and half ago this man had tried to bully me into moving out and letting him lease the house. When I wouldn't do that he started to become a real jerk. He's constantly bullying me and doing things on the edge of his property to get me to move. Bottom line is he wants the house. At one point I tried to sell the house and he put up so much orange tape around my property that people would tell the Realtor they weren't interested because it was obvious the neighbor would be hard to deal with.

I don't understand why he has an easement because he could build a driveway back to his property and not have to use mine. When he built the house he had the house and 5 acres on one note and the additional 9 on another note. The driveway was not included on the additional 9 acres. I assume that is why he had an easement surveyed. My question is can I require that he build his own driveway to his property and get rid of the easement? It is a headache because my driveway his very long and wooded and if I meet him in the driveway I have to back up and this can take time. If he wasn't such a bully I wouldn't worry about it, but since he continues to be I don't want him on my property if I can legally keep him off.

[jk]

a surveyor locates what is on the title. If the surveyor laid out an easement, it is because he found it somewhere on some deed that states there is an easement there. While your deed may not state specifically there is an easement, it likely says something such as: land subject to all liens, encumbrances, easements, and ROW's of public record. It can be phrased myriad ways but what it means is; if there is an easement recorded on the title, you are subject to honoring that easement. You need to review the title search or title insurance policy to see what specifically is noted there regarding easements.

If there isn't a legally recorded easement, tell him to stay off your property.