Ingress and egress just mean entering and exiting; however, there is more to it than that. Ingress and egress issues in real estate can be complicated, so it’s super important to understand how it all works.
First off, to fully understand ingress and egress, you must somewhat understand what an easement is.
For those who do not know what an easement is – an easement is a right held by one person to use the land of another for a specific purpose, such as driving through someone else’s property.
Keep that in the back of your mind as you go through these brief definitions.
What Is Ingress and Egress?
Ingress
Definition: The right to enter a property.
Egress
Definition: The right to exit a property.
As simple as that sounds, there are some things we have to address. First and foremost, these rights come together. After all, it’s impossible to enter a property and not be able to exit it. So when hearing these terms, remember that they go hand and hand.
Verifying ingress and egress rights is an essential part of the due diligence process when purchasing property for both real estate agents and buyers. If one of your clients is planning to buy landlocked property, don’t assume anything. Check records. Have the land surveyed, and if necessary, take extra steps to ensure the property holds an easement for ingress and egress.
What Is an Easement for Ingress and Egress?
Definition: An easement used for entering and exiting a property.
Why do we need to define that? Well, because there are different types of easements, of course! This type of easement explicitly has to do with entering and exiting a property.
It’s also worth noting an easement for ingress and egress may not be written into the deed. Sometimes it may be listed on a separate document or even sometimes implied verbally. Or, in some extreme circumstances, written into the deed that appears valid but may be legally defective.
Ingress and Egress Example
Let’s say Aaron can’t get to his property from a public road without crossing over his neighbor Ron’s property. In this situation, Aaron needs an easement for ingress and egress over Ron’s property.
What to Know for the Real Estate Exam
Well, you need to know how ingress and egress work. Simply put, ingress and egress just mean entering and exiting property. You also need to understand what an easement for ingress and egress means. Which, as we discussed earlier, is an easement used for entering and exiting a property.
My property has Ingress and Egress &utilities on her title. It was placed there by surveyor to give her access through our land. Does that mean she can give other people verbal access of my land that this Ingress and Egress for her for others to use to get back of their land cause they don’t want make driveway on their own land to get to back of theirs? Would I be required to allow anyone other than my daughter using this right way to her land? In others words can my daughter give people rights to use this since it’s on my land for her ability which other wise would be locked land
Hey Sandra,
Thank you for stopping by. I think the best course of action would be to contact a lawyer. The thing is, your daughter can give other people a right of passage but nothing permanent. This people would include her guests or anyone how needs to access her property. But you have to remember that this right of access is provided to a locked land, not for other people’s convenience.
Legally, other people whose land is not locked shouldn’t have ingress and egress to your land. And in most cases, this permission is often court issued.
But the best advice I can give you is to contact a lawyer so you have a better understanding of your rights within the agreement.