Also known as:ingress · egress · right of ingress and egress · rights of ingress and egress · right of entry and exit · access rights
Written by attorneys · grounded in primary & secondary sources — see below
A right or privilege to enter upon and depart from land or premises. The privilege arises from consent of the possessor or from an easement and terminates upon revocation or expiration of the consent or upon the happening of a restricting event.
Sources & Authorities
How it applies
Common Examples
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Revoked Consent Halts Delivery Access
Isabelle Inman granted Island Manufacturing permission to cross her lot to deliver supplies. After a dispute, Isabelle revoked the permission in writing. Island Manufacturing continued using the route the next day. The revocation terminated the privilege of ingress and egress, exposing the company to trespass liability.
Disproportionate Access Dedication Demand
Icarus Aviation sought a permit to expand its hangar. The city conditioned approval on dedicating a strip of land for a public bike path. The proposed path bore no relation to the traffic impact of the expansion. The condition failed the rough-proportionality test and could not be enforced against the company's ingress and egress rights.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Restatements
Casebooks
Course Outlines
Study Supplements
State Barrier to Interstate Travel
Israel Irving attempted to drive his family into California to find work. State officers stopped the vehicle at the border and turned it back under a statute penalizing transportation of indigent persons. The barrier violated the constitutional right of free ingress and egress between states.
Edwards v. California314 U.S. 160 (1941)
Zoning Ban on Customer Access
Ines Ibarra operated an adult bookstore. A borough ordinance prohibited all live entertainment, eliminating customer ingress and egress to the premises. The total ban on the protected use could not stand under the First Amendment.
Schad v. Borough of Mount Ephraim452 U.S. 61 (1981)
Standing to Challenge Access Barriers
Ivan Ivanov and other low-income plaintiffs challenged zoning rules that blocked construction of affordable housing. The rules regulated lot size, setbacks, and ingress and egress in ways that made projects economically impossible. The plaintiffs lacked standing because they had not shown a concrete injury to their own access rights.
Warthrop v. Seldin422 U.S. 490, 499 (1975)
Easement Limited to Original Parcel
Ivy Ibarra owned parcel B benefited by an easement across parcel A for ingress and egress. She later bought adjoining parcel C and built a road connecting both parcels to the easement. The servient owners blocked the combined use. The easement could not serve the after-acquired parcel without increasing the burden.
Brown v. Voss38 Wash. App. 777, 689 P.2d 1111 (1984)
Common questions
Frequently Asked
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When does consent to ingress and egress terminate?+
Consent terminates upon revocation communicated to the actor, expiration of any time limit, or occurrence of a restricting event. After termination the actor must leave promptly or face trespass liability.
Supporting sources
How does an easement for ingress and egress differ from a license?+
An easement creates an interest in land that runs with the dominant estate and binds successors. A license is a revocable privilege personal to the licensee and does not survive transfer of either estate.
Can a government require dedication of access rights as a permit condition?+
Any exaction demanding dedication of land or access rights must satisfy both a nexus requirement and rough proportionality to the impact of the proposed development. The government bears the burden of proving proportionality.
Supporting sources
Does an easement for ingress and egress extend to after-acquired parcels?+
No. The benefit is limited to the original dominant tenement. Using the easement to reach an adjoining parcel acquired later increases the burden and exceeds the scope of the grant.
422 U.S. 490, 499 (1975)Property
…"lot area, set backs, . . . population density, density of use, units per acre, floor area, sewer requirements, traffic flow, ingress and egress[, and] street location," makes "practically and economically impossible the construction of sufficient numbers of low and moderate income" housing. App. 25. The purpose of this ordinance…