When you give a right of wat to property must you give an ingress an egress. is that two different areas or one ingress and egress?
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When you give a right of wat to property must you give an ingress an egress. is that two different areas or one ingress and egress?
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Asked on November 4, 2016 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
First, unless their property is "landlocked" by yours, so that they can *only* get to their property across yours, you don't have to give them any access right: the law only requires a grant of access (an "easement") when that is the only way for property owner A to get to his/her property, across the land of property owner B. So if this is not the case, you don't have to give them anything: it is up to you whether to agree to do so, and, if so, on what terms. You can offer to give them only only 1 combined ingress/egress and if it's up to them if they accept that; if they don't, they don't get *any* access. Certainly, you could choose to give them both an ingress and egress, but if you do, that is up to you--and you could, for example, charge them (more) for the privilige of having a separate exit and entrance.
If they were landlocked and the law requires you to give them access, they are only entitled to one access--a combined ingress/egress--unless again, you voluntarily choose to give them more; and if you are voluntarily giving them more than the legally required minimum, you can set the terms for it (e.g. charging for the extra access point).
If you come to any agreement with them, make sure it is in writing.
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