Ingress and Egress in real estate
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The literal definition of ingress is a place or means of going in or entering. In real estate, the right of ingress refers to the legal right to enter a property. Egress is essentially the opposite: Its definition — a place or means of going out or exiting — equates to the legal right to exit a property in real estate terms.
What Are Ingress and Egress Rights?
In real estate, the terms ingress and egress are often used in descriptions of a property and tenant rights. The right of ingress and egress, more specifically, refers to the ability to enter and exit a property. In most cases, deeds outline points of ingress and egress.
Rights of ingress and egress are important because real estate ownership doesn’t necessarily translate into a right to access the property. For example, a property might be landlocked, surrounded by other properties, or have a shared driveway with a neighboring property, any of which could necessitate the need to obtain the right to utilize another person or entity’s real estate in order to access the owned property’s land.
Easements
For properties in situations such as those mentioned above, property owners are usually granted an easement — which is a legal agreement that grants the right to use another entity’s property in a limited, specified capacity — to establish the rights of ingress and egress for accessing their property. In cases where property owners have not been granted a registered easement through the local authorities, or where ingress and egress issues are not addressed on a property’s deed, a land-use agreement can be utilized instead. Without properly registered ingress and egress rights (or an appropriate land-use agreement), property owners — and tenants, by extension — of a landlocked property would technically be committing civil trespassing upon entering or exiting the property.
Related Questions
What are the benefits of ingress and egress in commercial real estate?
The benefits of ingress and egress in commercial real estate are that they allow the owner of the property to access the land, even if it is landlocked or surrounded by other properties. In most cases, deeds outline points of ingress and egress, and if a registered easement has not been granted through the local authorities, or if ingress and egress issues are not addressed on a property’s deed, a land-use agreement can be utilized instead.
In addition, when a borrower sells commercial real estate, they will pay capital gains taxes, which are generally much less than personal income taxes — at least for most investors. However, it should be noted that this is not the case for Roth IRAs.
What are the legal requirements for ingress and egress in commercial real estate?
In commercial real estate, the right of ingress refers to the legal right to enter a property. The right of egress is essentially the opposite — the legal right to exit a property. In most cases, deeds outline points of ingress and egress.
When a property is in a situation like those mentioned above, the owner would typically seek an easement. Easements are legal agreements which grant the right to use another entity’s property in a limited, specified capacity — in this case used to establish rights of ingress and egress for accessing the commercial property. In cases where a registered easement has not been granted through the local authorities, or where ingress and egress issues are not addressed on a property’s deed, a land-use agreement can be utilized instead.
It’s essential to know exactly what restrictions a property has (or allowances that a property owner must provide) before purchasing or developing a commercial property.
What are the common issues related to ingress and egress in commercial real estate?
Common issues related to ingress and egress in commercial real estate include landlocked properties, shared driveways with neighboring properties, and the need to obtain the right to utilize another person or entity’s real estate in order to access the property’s land. In most cases, deeds outline points of ingress and egress. Source
How can I ensure that my commercial real estate property has adequate ingress and egress?
In order to ensure that your commercial real estate property has adequate ingress and egress, you should check the deed for the property to see if it outlines points of ingress and egress. If not, you may need to seek an easement or land-use agreement in order to establish rights of ingress and egress for accessing the commercial property. Additionally, you should assess the exterior of the property to ensure that there is sufficient space for a truck or multiple trucks to maneuver, ample parking on-site, and that truck courts are secured and fenced off if necessary.
What are the best practices for ingress and egress in commercial real estate?
The best practices for ingress and egress in commercial real estate depend on the situation. In most cases, deeds outline points of ingress and egress. When a property is in a situation like those mentioned above, the owner would typically seek an easement. Easements are legal agreements which grant the right to use another entity’s property in a limited, specified capacity — in this case used to establish rights of ingress and egress for accessing the commercial property. In cases where a registered easement has not been granted through the local authorities, or where ingress and egress issues are not addressed on a property’s deed, a land-use agreement can be utilized instead.