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Real Property • Easements
PROP#105
Legal Definition
An easement by reservation arises when the grantor conveys title to land but reserves the right to continue to personally use the tract for a special purpose.
Note: It must be for personal use, not a reservation for someone else.
Note: It must be for personal use, not a reservation for someone else.
Plain English Explanation
When you sell a parcel of land, you're allowed to include terms that enable you to still make use of the land in the future.
Hypothetical
Hypo 1: Amy owns Whiteacre, a large parcel of land with a single avocado tree on it. Amy loves the avocados. In fact, she loves it so much that when she sells Whiteacre to Bob, she reserves the right to access the property in order to harvest 3 avocados per day. Result: Amy has created an easement by reservation, which gives her the right to continue to access her avocado tree even after Bob owns the property. Amy may only access Whiteacre for the specific purpose of picking 3 avocados per day.
Visual Aids
Related Concepts
How can an easement be terminated?
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In assessing a property law issue, what is a license?
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What is an easement in gross?
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What is the result of a failed attempt to create an easement?
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When may existing use create an implied easement?
