Access
Access refers to the legal right to enter and exit a specific piece of property from a public roadway. In real estate terms, this is often described as “ingress” (the right to enter) and “egress” (the right to leave). While often taken for granted in urban and suburban settings, where homes typically front a public street, access is a critical legal component of property ownership. Without legal access, a property is considered “landlocked,” meaning there is no legal way to reach the land without trespassing on a neighbor’s property.
Purpose and Function
The primary purpose of establishing access is to ensure that the property can be used, enjoyed, and developed.
- Usability: Access guarantees the owner can physically reach their land, which is the fundamental prerequisite for occupying a home or utilizing the land for any commercial or agricultural purpose.
- Safety and Services: Legal access ensures that emergency vehicles (fire trucks, ambulances, police) can reach the property. It also typically provides the pathway for essential utility connections, such as water, sewer, and electricity lines.
- Legal Protection: It establishes a clear, defensible right to travel to and from the property neighbors canarbitrarily revoke that or local governments.
How Access Is Established
Access is not always automatic; it is established through specific legal frameworks depending on the property’s location.
- Public Road Frontage: The most common form of access is when a property boundary directly touches a public street or highway. In this scenario, the owner has a direct right to enter the roadway from their driveway.
- Deeded Easements: For properties that do not touch a public road (often called “flag lots” or backland), access is often established through a recorded easement. This is a legal agreement granting the “landlocked” owner the right to drive across a specific portion of a neighbor’s land to reach the public road.
- Private Roads: In some developments or rural areas, access may be provided via a privately owned road. In these cases, a maintenance agreement usually governs access rights shared among all owners who use the road.
Importance in Real Estate Transactions
Verifying legal access is one of the most critical steps in the due diligence process for both buyers and lenders.
- Property Value: A property without legal access is significantly less valuable than one with established access. “Landlocked” parcels are often difficult to sell and may require expensive legal action to cure.
- Financing Requirements: Almost all mortgage lenders require proof of permanent, legal access before funding a loan. They will not lend money on a home that the borrower cannot legally reach.
Title Insurance: Title companies specifically check for access rights during a title search. Standard title insurance policies generally ensure that the property has legal access, making this a key component of the title commitment review.
