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. However, 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, while egress is defined as the right to exit the property. It is essential to understand that 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. For instance, you may require an access easement to cross over someone else’s property to enter or exit your own. Additionally, if there is a private road leading to your property, you may need an easement that guarantees access to the main roads in the area.
There are various scenarios where easements come into play. For example, if you have a shared driveway, you will need an easement to use that driveway legally. It is important that easements are officially recorded, just like the title to a property. Typically, you have the ability to sell an easement along with the deed to your property. Conversely, others may also possess an easement on your property granting them ingress and egress rights.
A common instance involves the easements utility companies have on most properties. Such easements allow utility companies to enter a property to check meters and perform necessary repairs or replacements of their equipment. Surprisingly, it is often unnecessary for you to grant this easement to the utility company because, in most jurisdictions, the utility easement exists by law from the moment the service starts.
Special Issues of Landlocked Property
Some parcels of property are considered landlocked, meaning they have no public access point. Landlocked parcels can be encountered in a variety of settings. For example, within a rural area where a landowner is subdividing land into smaller parcels, some of those parcels may end up being landlocked. Similarly, in urban and suburban environments, it is not uncommon for a small store or commercial enterprise to be surrounded by neighboring businesses, rendering it landlocked.
If you are considering the purchase of a landlocked property, it is crucial to secure an easement or some other right of ingress and egress prior to buying the property. Failure to do so could result in civil trespassing each time you enter or leave your own property. In many jurisdictions, landlocked commercial properties do not automatically come with access easements over adjacent properties; thus, you must take proactive measures to obtain such rights.
Furthermore, lenders will typically require proof of the right of ingress and egress as a condition for issuing a loan for the purchase of commercial real estate. This emphasizes the financial importance of ensuring you have the right to access your property. Additionally, neighboring landowners may be willing to sell an access easement, but keep in mind that they may want to limit the access that the easement confers to the landlocked property owner.
Conclusion
Understanding ingress and egress rights is critical for anyone involved in real estate transactions. Properly securing easements can prevent legal disputes and ensure that you have guaranteed access to your property. Whether purchasing a parcel of land in a rural area or a small commercial space in an urban setting, always conduct thorough research to confirm your rights, as well as any limitations, regarding access. This way, you can protect your investment and avoid unforeseen complications in the future.
