Right of Egress: Overview, Special Considerations

What Is Right of Egress?

Right of egress is the legal right to exit or leave a property, typically used along with the right of ingress, which is the legal right to enter a property. These rights are vital to homeowners as they allow access to their property. Ingress and egress rights are commonly found in real estate law.

Key Takeaways

• Right of egress allows for leaving a property, while right of ingress allows for entering it.
• Ingress and egress rights are crucial for homeowners as they provide access to their property.
• A right of egress is permitted via an easement, which is the right to use someone else’s property for a specific purpose.

Understanding Right of Egress

The rights of ingress and egress are applicable to all types of properties, whether owner-occupied or rental. Typically, these rights are obtained through an easement, granting the use of someone else’s property for a specific purpose. For example, ingress and egress easements may govern the use of a shared driveway or a private road leading to one’s property.

Ingress, Egress, and Easements

Ingress and egress easements become particularly important in property disputes and situations where a property is surrounded by other parcels owned by different parties. Without the right of egress and ingress, a landlocked property owner would constantly trespass when entering or leaving their property.

Ingress and egress circumstances may arise when a property owner sells off parcels while retaining larger portions of the land. The new owners of the sold properties would require ingress and egress rights to access their new homes. In other words, they would need access to a private road passing through land owned by others. For instance, if a store owner sets up shop in an area surrounded by other properties, an ingress/egress easement would be necessary to enter and exit the store.

Special Considerations

Ingress and egress rights also impact access to resources available on a property. Neighboring landowners may require ingress and egress rights to utilize a water source located on another property.

These rights may be included in the property deed and run with the land, meaning they are tied to the land regardless of ownership. This covenant grants any future owners the right of egress without the need to negotiate terms for access with other property owners.

Disputes can arise when a property owner obstructs another property owner’s access to their land. This can occur due to issues between the owners, such as noise from vehicles crossing the property or disagreements over space and usage of the area. In such cases, a court may issue an injunction to restore access to the property.

Disputes can arise when a property owner obstructs another property owner’s access to their land. This can occur due to issues between the owners, such as noise from vehicles crossing the property or disagreements over space and usage of the area. In such cases, a court may issue an injunction to restore access to the property.