Nebraska Well Ingress-Egress Easement
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FAQ
The right of egress is the legal right to exit or leave a property. The right of egress is usually used in conjunction with the right of ingress, which means the legal right to enter a property. Ingress and egress rights are important to homeowners since they allow access to their property.
Ingress refers to the right to enter a property, while egress refers to the right to exit a property.
A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose.
Ingress/egress rights are generally obtained via an easement, which is the right to use someone else's property for a specific purpose. For example, ingress and egress easements may govern the use of a shared driveway or the use of a private road to reach one's property.
An easement would give you, and any subsequent buyers, the right to have your well on the neighbor's property and to access the property in order to maintain the well. An easement can be created without the need to involve surveyors and the county.
Easement for ingress and egress is a fancy way of saying that an easement allows someone to travel to and from the land. For example, let's say Alice can't get to her property from a public road without crossing over her neighbor Bill's property.
A non-exclusive easement just means that the easement will run with the land (future owners are subject to the easement). It does not mean that anyone and everyone can use the easement. The only properties that get rights to the easement would be those set forth in the grant of easement.
On appeal, the Court held that an easement for ingress and egress confers only the right to pass over the land, not the right to park on the land. The plain meaning of the terms ingress and egress do not include parking.