
Right of Egress
The right of egress is the legal right to exit or leave a property. The right of egress is the legal right to exit or leave a property while the right of ingress is the legal right to enter a property. Without the right of egress and the right of ingress, the owner of a landlocked property would essentially commit civil trespassing each time they enter and leave the property. This covenant would grant any future owners the right to egress without the need for negotiating terms with the other property owners for access to and from their own property. The right of egress is usually used in conjunction with the right of ingress, which means the legal right to enter a property.

What Is Right of Egress?
The right of egress is the legal right to exit or leave a property. The right of egress is usually used in conjunction with the right of ingress, which means the legal right to enter a property. Ingress and egress rights are important to homeowners since they allow access to their property. The right of egress and ingress are terms most commonly found in real estate law.



Understanding Right of Egress
The rights of ingress and egress apply regardless of the type of property, whether it is owner-occupied or a rental. Ingress/egress rights are generally obtained via an easement, which is the right to use someone else's property for a specific purpose. For example, ingress and egress easements may govern the use of a shared driveway or the use of a private road to reach one's property.
Ingress, Egress, and Easements
Ingress and egress easements can become of special importance in property disputes and instances wherein a property is landlocked by surrounding parcels owned by other parties. Without the right of egress and the right of ingress, the owner of a landlocked property would essentially commit civil trespassing each time they enter and leave the property.
Ingress/egress circumstances can occur if the owner of large tracts of land subdivided and sold off parcels while retaining large pieces of the property. The new owners of the properties that were sold would need rights of ingress and egress to access their new homes. In other words, the new owners would need access to a private road that leads to their properties but passes through land that is owned by others. For example, if the owner of a store sets up shop in an area that is surrounded by other properties, an ingress/egress easement would be needed in order to enter and leave the store.
Special Considerations
Ingress and egress rights can also affect access to resources that are available on a piece of land. If there is a water source on a property that neighboring landowners have rights to access, they may need the rights of ingress and egress to make use of it.
Such rights might be included in the deed for the property and run with the land, which are rights that are tied to the land regardless of who owns it. This covenant would grant any future owners the right to egress without the need for negotiating terms with the other property owners for access to and from their own property.
Disputes can still arise where a property owner blocks the access of another property owner to their own land. This may develop because of issues between the owners, such as noise from vehicles that cross the property or disagreements over space and usage of the area by both parties. A court may issue an injunction to stop the activity that blocked off access to the property.
Related terms:
Condemnation
Condemnation is when a government orders a dwelling, building, or other property to be vacated and kept vacant. read more
Deed
A deed is a signed legal document that transfers the title of an asset to a new holder, granting them the privilege of ownership. read more
Easement
An easement in real estate is the right of one party to use the property of another party by paying a fee to the property owner. read more
Encroachment
Encroachment happens when a property owner violates the rights of his neighbor by building on or extending a structure to the neighbor's land or property. read more
Land Trust
A land trust is a legal entity that takes ownership of, or authority over, a piece of property at the behest of the property owner. read more
Landlocked
The real estate term "landlocked" refers to a piece of property totally inaccessible via public thoroughfare, except through an adjacent lot. read more
Licensee
A licensee is a business, entity, or individual that has legal permission to conduct activities using something that another party owns or controls. read more
Real Estate
Real estate refers broadly to the property, land, buildings, and air rights that are above land, and the underground rights below it. Learn more about real estate. read more
Running With the Land
The expression "running with the land" refers to rights that remain with a piece of real estate regardless of current or future ownership. read more