Driveway Easement Maintenance

[The Big Z]

My question involves real estate located in the State of: Georgia:

I am the Owner/Grantor of the easement and I pay the taxes on it. I now have 2 new property owners that said that they were never told about the easement when they bought their house. A meeting was called and 2/3 majority agreed to do maintenance on the road. 1/3 refused to show up to the meeting (2 wk notice given) and are refusing to pay to help maintain the road.

My question is this: What is my rights as the land owner and what options do i have?

Language from the easement:
5. As owner of the Subject Property, Grantor will be responsible for paying all Paulding County property taxes and assessments on the Subject Property.

6. Grantees and their respective heirs, administrators, successors, and assigns will bear equally among themselves all costs and expenses of improving and maintaining the said driveway. The Grantees agree that in carrying out their responsibilities hereunder they will act by majority vote among themselves.

[jk]

well, as long as that was attached to their deed in some fashion, even if only by reference to that being in a previous deed, they are simply responsible for paying what ever the grantee group decides.

this is less your problem than it is the other grantees.

so, the other grantees need to be looking to recover the no pay folks' share of the expenses.

[The Big Z]

I would have no way of knowing if that was attached to their deed. I would have thought that when a title search was done that it would have identified any easements. Or that their realitor with have identified it.

Now, i know that i dont have a dog in the fight, but what is the 2/3 majority rights.

If the 1/3 does not pay can the majority go to small claims to recoop?

[jk]

The Big Z;398949]I would have no way of knowing if that was attached to their deed.

actually, you would. Deeds are recorded with (in most states) a county registers office.

I would have thought that when a title search was done that it would have identified any easements.

yes, it should have but you have less chance of getting that report than the deed.

Or that their realitor with have identified it.

if the Realtor knew of it. Realtors don't know everything about a property. That is why people do title searches and such.

Now, i know that i dont have a dog in the fight, but what is the 2/3 majority rights.

If the 1/3 does not pay can the majority go to small claims to recoop?

as long as the 1/3 is bound by the grant. If they aren't bound by the grant, maybe they need to figure out how to get to their property because without that grant of easement, I would presume they have no access to their property.