Understanding Ingress and Egress in Real Estate

When property is purchased, buyers often make several assumptions. Buyers assume they will be able to use the property. Buyers also assume they can enter and exit the property. But, the rights to enter and exit the property may be separate from the ownership of the property. Ingress is defined as the right to enter the property and egress is defined as the right to exit the property. Others may also need or have a right to ingress or egress on your property. If proper care is not taken to understand and secure these rights, it could spell disaster for a commercial real estate transaction.

Ingress, Egress and Easements

The rights of ingress and egress are often secured by easements. An easement is a legal right to a limited use of another’s property. You may need an access easement to cross over someone else’s property to enter or exit your own property. You may need an easement on a private road that will allow you access to the property and ensure you can get to the main roads in the area. If there is a shared driveway, you may need an easement to allow you to use it.

Easements should be officially recorded, just as you would officially record the title to a property. Usually, you have the ability to sell an easement along with the deed to the property.

Others may have an easement on your property that gives them a right of ingress and egress as well. One typical example is the easement utility companies have on most properties. This easement allows them to enter a property to check meters and to repair or replace equipment essential to the working of the line. It is often not necessary for you to grant the easement to the utility company because in most jurisdictions the utility easement exists as a matter of law.

Special Issues of Landlocked Property

Some parcels of property are landlocked. They have no public access point. Landlocked parcels can be found anywhere. In a rural area where a large landowner is subdividing his or her land into smaller parcels, some of the parcels may be landlocked. In urban and suburban settings it is not uncommon to find a small store or other commercial enterprise surrounded by other businesses. The small store may be landlocked by its neighbors.

If a landlocked property does not already have an easement over adjacent property, you will need to secure an easement, or some other right of ingress and egress before buying the property. Otherwise you risk committing a civil trespassing offence every time you enter or leave your own property.

Landlocked commercial property in many jurisdictions does not come with an automatic access easement over neighboring properties. Lenders will require proof of the right of ingress and egress as part of the conditions of issuing a loan for the purchase of commercial real estate.

Neighboring landowners can sell an access easement. Sometimes neighboring landowners will want to limit the access an easement gives the landlocked property owner. However, easements are usually not a good way to strictly limit access. If limits are needed instead of giving an easement, the neighboring property owner should consider a different type of agreement.

How to Secure Ingress and Egress Without an Easement

Because under the law easements can both give to broad a right of access from the point of view of a neighbor and too narrow a right from the point of view of the easement holder, often other types of arrangements work better for securing the rights of ingress and egress.

Owners of landlocked parcels, or other difficult to access parcels, may wish for ingress and egress rights to be part of the deed, instead of as a separate easement. This provides several advantages to the owner of the limited-access property. It makes the process of documenting the rights easier. If the owner goes to sell the property later, having the rights explicitly in the deed will put the future buyer at ease. Having rights of ingress and egress spelled out, as part of the deed to property, is easiest to achieve when buying the access-limited parcel from the landowner who also owns the neighboring property you will have to cross to get to your property.

Sometimes a property owner will want a land use agreement. A land use agreement is a contract that spells out specific duties and responsibilities between the two sides. Land use agreements should be recorded with the county, just as an easement is recorded. A land use agreement gives the parties great flexibility in determining just how much access will be granted. A land use agreement can limit the tonnage of trucks that can cross the neighboring property, or whatever limits the two sides agree to. A land use agreement will also usually explicitly state what the limited-access property owner must pay for the upkeep of any roads.

Ingress, Egress, and Due Diligence

Verifying the ingress and egress rights is an essential part of the due diligence process when purchasing property. Even when access seems obvious, the source of the ingress and egress rights needs to be tracked down. Not only may a lender require such assurances, but it also helps avoid later legal trouble.

Part of the title search process should include documenting the ingress and egress rights. Such rights should be on the deed, in the form of a recorded easement, or land use agreement. If a title search cannot find a recorded document establishing the ingress and egress rights, the seller will need to demonstrate that he or she has those rights and then explicitly convey them to the buyer as part of the transaction.

These steps may be needed, even if the property is not landlocked. If the public access point is remote to the part of the property that is or is going to be developed, or certain weather conditions make the public access point impassable certain seasons, it is prudent to have easement or a land use agreement with a neighbor that provides more reliable and practical access to the property.

Conclusion

The rights of ingress and egress are essential to the full use of any property. In this article we talked about ingress, egress, and easements in depth, as well as alternatives to easements. Ensuring that you understand both what rights you have with respect to your neighbor’s property as well as what rights others have with respect to your property is a key part of the due diligence process.

22 thoughts on “Understanding Ingress and Egress in Real Estate”

  1. I currently have the rights to an easement that the farmer owns the land to. If I wanted to give these rights back to the farmer do I “sell” them back or do I just give my rights up? Is there legal documentation that would need to be done?

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  2. In working on my divorce decree, I was awarded 10 acres that needs to share the 1/4 lane with my ex to access it. I originally thought of dividing the lane in half (it’s very wide) and that way we both have plenty of room to put a road in, or share the one that is already there. I want to eventually sell my 10 acres in 1-acre plots – sometime in 10-12 years from now. I am worried that if I just get easement rights, and if my ex sells the ranch in 5 yrs or so, that I won’t have access to my land – or will have limited access so that I won’t be able to put in a small neighborhood in my area. What should I do? Deeds will be written soon. Thanks, Cindy

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  3. I give easement right to my neighbors. they are disrespectful to my property and contiously are tearing up my road what if anything can I do

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  4. My deed states Subject to easement for ingress and egress over the South 20 feet of the North 15 feet of the above Described Property can you explain?

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  5. I desperately need advice. We have owned our property for 13 years. The Amish have bought property on both sides of us and are operating sawmills. We have constant traffic including log trucks all day long tearing up our easement. They have refused to fix the road. It is a muddy mess. The ditches that we have kept up all these years have been anialated. The log trucks and sawmill customers block our ingress and egress. We were told by our Sheriffs office that there is nothing we can do.

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  6. I’m interested in discovering an answer to the following…a friend owns 30 acres of land. To the east, there are several acres divided, the first is accessible by the main road, the second behind the first is landlocked. The third is landlocked and the forth is landlocked. My friend said someone recently purchased the first and second set of acres and combined them into one 10 acre plot with a new roll record and tax number. There is no record of easement to any of the properties. Is the new combined property still considered landlocked? Would love to give her an answer. We are in Oklahoma. Thank you.

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  7. I am hoping I can explain this well enough. My father-in-law previously owned several acres of land; he divided this land among his children into six (6) plots, two of which we own. The lots are three (3) deep running North to South and two wide running East to West. There is a 10 foot easement running straight down the middle. The three (3) East lots are on what is known as the Dewitt Plat of the Northwoods; the Western lots are not. When my father-in-law owned the property inclusive, part of his property fell on the Detwitt Plat and had access to West Seymour Drive, which is private road contained in the Dewitt Platt, and is how he accessed his home since he purchased the land in 1962. Last July we took out a construction loan and built a new home; we are now trying to roll our construction loan into a mortgage and the title company has informed us we have no legal access to our house. They are currently trying to force our hand and have our additional family members grant us access along the 10 foot easement which runs North and South through the six (6) lots, but is in no way a road, two-track, or real access, rather than obtain access through West Seymour Drive. I have contacted a real estate attorney and made an appointment, but we cannot get in to see him until the 5th of next month. What do we need to do to obtain access through West Seymour Drive?

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  8. I have a neighbor that sold us our property 8 months ago and is now taking us to court requesting an easement. There is no land lock. They have written the summons as if they were not the sellers now stating they have used the paved driveway for 20+ years. Key fact.The property was owned by the father of seller/and left to her, hence the style of the driveway. How can they sell us a property now ask for ingress egress right of way? Another key fact is they are selling and looking to get more money for driveway They already sold to us. (Bought in 2016) They have full street access to their property. This is a joke but the fact that i have to prove this in a court of law is exhausting! Help please any advise. Thank you.

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  9. I’m lost. Mom & dad had several acres of rural property. My mom, ( dad has since passed), brother & 2 sister’s already live on their. acreage. I recently moved back and decided to build. The parcel of land left for me to build is land locked. The easement to my property runs across 1 sister’s property. I am getting a construction loan. We were ready to sign until the title search was done. Of course there is no legal description of this driveway to property recorded. Even though it’s been used for over 50 years. WHAT do I do and HOW do I do it?
    please help me find my way.

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    • No guarantees on my advice. I would go to the county office that handles property deeds, etc. and get some advice on how to draw up an easement on your 1 sister’s property (driveway) that is in use. Have your sister sign it and then follow instructions from the same office to file it. Then it will pass the title search.

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  10. MB
    I own half of a private road and my cousin owns the other half, with boundaries down the middle. He sold property to an organization and gave them a right of way across our private road, even though they have access to the property from a county road and also, the property sets 25 feet from the private road and does not intersect it at any point. I never gave consent and verbally told him so. Can he legally do this?

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  11. My neighbor just sold his property and he had a road easement across my property the people he sold it to is now putting in a large medical marijuana grow and there are large trucks traveling up and down is Private Road tearing it up what are my rights as the landowner

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  12. I’ve had my property for 12 years there is an easement between my property and the property behind me it has no access for any vehicles or anything right at the moment I have a shed on that easement since I bought it can I do something to keep that easement because the land owner behind me is selling his property what do I need to do to keep it

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  13. I am on a private road that leads to my home in Tx. There are no other homes here. The landowner to the left of me plans to tear out my culverts and road to make room for the tractor/combine use. Years ago they used the road and tore it up and would not pay for damages by their equipment. The farmer with tractor agreed to use her left side of property to cross with his huge equipment. There is access on her land for agriculture use. She would rather tear up the private road than place the new culverts on her land. The weight of the equipment tears down the road. I have been stuck with cost of repairs. Do I have a way to limit the size and weight of vehicles that use the private road?

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  14. My family share a private road and my uncle recently put a gate up where his land starts on the road in turn blocking us from getting to our home. We have a easement on the land deed but local authorities won’t help what should I do?

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  15. There is an ingress and egress easement across our property. More and more members of the family are moving to that landlocked property. There are 16 people living there and now they want us to tear down our entryway so they can pull a mobile home in back there. Is there a limit to how many households can build and/or put in houses? They already cross our property up to 20+ times per day. They fail to shut gates and let our cattle out. They tear up gates and throw out trash.

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  16. I own some land in WV that my deed only states neighbors have the right to ingress and egress; however, I’m having issues with it turning into a public spot for known drug users and lawbreakers. They cuss, walk around and sit there with their vehicles running for 30 minutes to several hours at a time; often from midnight to 4AM. This is visible outside my main window for my kids to see/hear, and it makes my wife and I uncomfortable about leaving/coming home. Is there anything that we can do to stop this?

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