Tap to get financing
Commercial Real Estate Loans
Loan Options
Permanent FinancingLoans Under $1MBridge LoansMezzanine FinancingConstruction LoansUSDA 538 Loan ProgramLife Company LoansSBA 7(a) LoansSBA 504 Loan ProgramFannie Mae LoansFreddie Mac LoansCMBS LoansHUD Multifamily LoansFix and Flip LoansHUD 223(f) LoansHUD 221(d)(4) LoansHUD 223(a)(7) LoansHUD 241(a) LoansHUD 232 LoansHUD 232/223(f) LoansHUD 232 LEAN LoansHUD 232/223(a)(7) Loans
Property Types
All Property TypesRetailOfficeIndustrialApartmentsSelf StorageHotelLandChurchSchoolAuto DealershipAuto Repair ShopCar WashGas StationHealthcareMedical OfficeDental OfficeVeterinaryFitness CenterBowling AlleyConvenience StoreDay Care CenterGolf CourseAnchored Strip CenterRestaurantMarinaWarehouseFuneral Home
Resources
BlogCurrent Mortgage RatesForms and TemplatesCommercial Property for SaleCommercial MLS GuideGlossaryVideo LibraryApply OnlineHow to Get a CRE LoanFrequently Asked Questions
Calculators
Commercial Mortgage CalculatorCap Rate CalculatorNOI CalculatorDSCR CalculatorLTV CalculatorLTC CalculatorDebt Yield CalculatorYield Maintenance CalculatorInternal Rate of Return Calculator
About Us
About UsLeadershipTeamContactWe're Hiring
Get financing
Newly Published
Mar 17 at Commercial Real Estate Loans
Top 10 Commercial Real Estate Lenders of 2023
Mar 15 at Commercial Real Estate Loans
Top 4 Refinancing Loans for Industrial Real Estate in 2023
Feb 20 at Commercial Real Estate Loans
How to Set Rent Rates for Your Commercial Property in 2023
Explore the Janover Network
Mar 20 at Multifamily Loans
Multifamily Minute Reader Reflections: How Will Bank Failures Impact Multifamily?
Mar 14 at Multifamily Loans
Multifamily Minute Reader Reflections: How Big Are We Buying?
Feb 27 at Multifamily Loans
Multifamily Minute Reader Reflections: When Do You Start the Refi Process?
Was This Article Helpful?
Commercial Real Estate Glossary
Last updated on Feb 19, 2023
2 min read

Ingress and Egress Rights 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.

Better Financing Starts with More Options Start Your Application and Unlock the Power of Choice. Click Here to Get Quotes →$1.2M offered by a Bank at 6.0%$2M offered by an Agency at 5.6%$1M offered by a Credit Union at 5.1%Click Here to Get Quotes
In this article:
  1. What Are Rights of Ingress and Egress?
  2. Commercial Real Estate Easements
  3. Related Questions
  4. Get Financing

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.

Related Questions

What are ingress and egress rights 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.

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.

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.

What are the legal implications of ingress and egress rights?

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.

How do ingress and egress rights affect the value of a commercial property?

Ingress and egress rights are important for commercial property owners because they provide access to the property. Without these rights, the property may be difficult to access, which can reduce its value. Additionally, if the property is landlocked or surrounded by other properties, the owner may need to obtain the right to utilize another person or entity’s real estate in order to access the property. This can also affect the value of the property.

In most cases, the value of a commercial property is determined by the market, and the availability of ingress and egress rights can be a factor in the market's assessment of the property's value. For example, if a property is difficult to access due to a lack of ingress and egress rights, it may be valued lower than a similar property with easy access.

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.

What are the common restrictions on ingress and egress rights?

Common restrictions on ingress and egress rights include the right to use the property for a specific purpose, the right to use the property for a limited amount of time, and the right to use the property in a limited capacity. For example, an easement may grant the right to use a property for ingress and egress purposes only, and not for any other purpose. Additionally, an easement may grant the right to use a property for a specific amount of time, such as five years, or for an indefinite period of time. Finally, an easement may grant the right to use a property in a limited capacity, such as for a single vehicle or for a specific type of vehicle.

Source: Commercial Real Estate Loans

How can ingress and egress rights be negotiated in a commercial real estate transaction?

In commercial real estate, the right of ingress refers to the legal right to enter a property, and the right of egress is the legal right to exit a property. In most cases, deeds outline points of ingress and egress. However, if a property is landlocked or surrounded by other properties, or has a shared driveway with a neighboring property, the owner may need to obtain the right to utilize another person or entity’s real estate in order to access the property’s land. This is typically done through an easement, which is a legal agreement that grants the right to use another entity’s property in a limited, specified capacity. 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 order to negotiate ingress and egress rights, the owner should contact the local authorities to determine if a registered easement is necessary. If so, the owner should contact the neighboring property owner to discuss the terms of the easement. If the neighboring property owner is not willing to grant an easement, the owner may need to pursue legal action.

In this article:
  1. What Are Rights of Ingress and Egress?
  2. Commercial Real Estate Easements
  3. Related questions
  4. Get Financing

Getting commercial property financing should be easy.⁠ Now it is.

Click below for a free, no obligation quote and to learn more about your loan options.

Get financing →
Janover logo

Commercial Real Estate Loans is a Janover company. Please visit some of our family of sites at: Multifamily Loans, Multifamily Today, Commercial Real Estate Loans, SBA7a Loans, CMBS Loans, Apartment Loans, HUD Loans, HUD 221d4 Loan, HUD 232 Loan, HUD 223f Loan, HUD 223a7 Loan, SBA Express Loans, SBA 504 Loans, and OpportunityZones Help.

Janover Inc.

6401 Congress Ave
Ste 250
Boca Raton FL 33487

hello@commercialrealestate.loans

Commercial Real Estate Loans

Eligible Property Types
Mortgage Rates
Commercial Loan Calculator
Glossary

Site Information

Privacy Policy
Terms of Use

This website is owned by a private company that offers business advice, information and other services related to multifamily, commercial real estate, and business financing. We have no affiliation with any government agency and are not a lender. We are a technology company that uses software and experience to bring lenders and borrowers together. By using this website, you agree to our use of cookies, our Terms of Use and our Privacy Policy. We use cookies to provide you with a great experience and to help our website run effectively.

Freddie Mac® and Optigo® are registered trademarks of Freddie Mac. Fannie Mae® is a registered trademark of Fannie Mae. We are not affiliated with the Department of Housing and Urban Development (HUD), Federal Housing Administration (FHA), Freddie Mac or Fannie Mae.

Copyright © 2022 Janover Inc. All rights reserved.