From a purely definition standpoint, ingress is a place or way of going into or entering something, while egress is a way of getting out of something. However, these terms take on a deeper meaning when applied to a commercial real estate asset.
What Are Rights of Ingress and Egress?
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.
Rights of ingress and egress are extremely important. Commercial real estate ownership doesn’t inherently translate into a right to access the property. Take, for instance, a property that is landlocked or surrounded by other properties — or one with a shared driveway with a neighboring property. Any of the above scenarios could necessitate the need to obtain the right to utilize another person or entity’s real estate in order to access your property’s land.
Commercial Real Estate Easements
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.