What is an Easement for Ingress and Egress?
An easement gives a legal right to use another person’s real property for a specific purpose. Fundamentally, an easement for ingress and egress serves the purpose of permitting another property owner the right to enter and leave a property that does not belong to that property owner. In other words, with an easement for ingress and egress, the owner of a property (the “Grantor”) grants a right to a different property owner (the “Grantee”) to enter and exit through the Grantor’s property. Often, ingress and egress easements will include language permitting the running of utility lines through the same easement area and will permit utility companies to have rights to enter for purposes of installation and maintenance of utilities.
Typically, easements for ingress and egress exist in express easements, written and recorded documents that specifically outline the rights of the Grantors and Grantees. Sometimes, implied easements can also provide the right for ingress and egress based upon the conduct of the parties. The most notorious of implied easements are prescriptive easements, where past use effectively creates an easement against the interest of the property owner. Prescriptive easements have been discussed on our website here.
Generally, an express easement for ingress and egress should clearly delineate the rights of the Grantors and Grantees. It should indicate whether the easement intends for any limitations on the type of traffic (i.e., no vehicles, etc.), and it should indicate if there are limitations to what other activities can take place on the easement, by the Grantors or Grantees (i.e., no parking, no building of structures, the types of gates allowed, if any, etc.). Additionally, the express easement should designate who has responsibility for, and who bears the cost of, maintenance of the easement area.
All too often, unfortunately, property owners and easement holders have their rights governed by old, outdated easements with scant specifics. In these circumstances, parties to an easement often find themselves on their own trying to interpret what they can and cannot do. This often leads to problems.
Grantors sometimes overlook the rights of easement holders because they fundamentally believe they can do whatever they want with their land, and that a non-specific easement means bare bones protection for the Grantees. Grantees, on the other hand, often labor under the misconception that a vague easement for ingress and egress puts minimal parameters on their use. In other words, they can do whatever they want, including park on the easement, and put up signs. Depending on the circumstances, either or both parties may be wrong. Generally, unless an easement is exclusive, the Grantor that owns the underlying property can use the property for any purpose so long as it does not interfere with the rights granted in the easement. However, the details really matter.
A few major issues surrounding easements for ingress and egress include the propriety of putting up gates over the easement area, whether a party has overburdened an easement, and whether a party can park in the easement. These issues have been the subject of litigation, and case law has developed that pertain to these items. For example, the issue of gates alone involves a balancing test between the Grantor’s ownership rights and the Grantee’s easement rights, with focused consideration of a variety of factors, such as: (1) the situation of the property, (2) the parties, and (3) the surrounding circumstances. Indeed, the subject of gates has been addressed in a prior blog post here.
Ultimately, easements for ingress and egress can provide a very real need for Grantees, who may find themselves landlocked without the use of an easement. On the other hand, Grantees have sometimes utilized easements for ingress and egress to a degree not originally intended by the original parties to the easement. The best way to protect all parties to an easement is to create an express easement that defines all the terms of agreement between the parties. Including sufficient detail so that the parties have clarity on their rights and responsibilities can promote good relations between neighbors. The preparation of a well-drafted, balanced, and clearly defined easement can avoid litigation down the road. On the other hand, a poorly drafted easement very often leads to dispute.
The attorneys at Beresford Booth have significant experience in the preparation, interpretation, and enforcement of easements. If you have any issues pertaining to an easement, whether as the grantor or grantee to an easement, please feel free to contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.
