RESERVATION
reservation. 1. The creation of a new right or interest (such as an easement), by and for the
grantor, in real property being granted to another. Cf. EXCEPTION(3). [Cases: Deeds 141;
Easements 14. C.J.S. Deeds §§ 279–282, 284; Easements § 60.]
implied reservation.An implied easement that reserves in a landowner an easement across a
portion of sold land, such as a right-of-way over land lying between the seller’s home and the only
exit. • An implied reservation arises only if the seller could have expressly reserved an easement,
but for some reason failed to do so. See implied easement under EASEMENT. [Cases: Easements
- C.J.S. Easements §§ 62, 75–78, 105.]
“If the implied easement is in favor of the conveyee and is appurtenant to the tract conveyed,
it is called an implied grant; if the implied easement is in favor of the conveyor and is appurtenant
to the tract retained, it is called an implied reservation.” Ralph E. Boyer et al., The Law of
Property 311 (4th ed. 1991).
- The establishment of a limiting condition or qualification; esp., a nation’s formal
declaration, upon signing or ratifying a treaty, that its willingness to become a party to the treaty is
conditioned on the modification or amendment of one or more provisions of the treaty as applied
in its relations with other parties to the treaty. [Cases: Treaties 3.C.J.S. Treaties § 4.] 3. A tract of
public land that is not open to settlers but is set aside for a special purpose; esp., a tract of land set
aside for use by indigenous peoples. — Also termed (in sense 3) reserve; reserved land; withdrawn
land. [Cases: Indians 12. C.J.S. Indians §§ 72–74, 79–80.]
RESERVATION-OF-RIGHTS LETTER
reservation-of-rights letter.Insurance. A notice of an insurer’s intention not to waive its
contractual rights to contest coverage or to apply an exclusion that negates an insured’s claim. —
Also termed reservation of rights. [Blacks Law 8th]