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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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?

Read above

Asked on November 4, 2016 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption