How is an easement by reservation created?

An easement by reservation is specifically created when a property owner conveys a portion of their land to another party while retaining specific rights to use a designated area of that land for a particular purpose. This is usually documented in a deed where the rights are explicitly reserved. For instance, if a landowner sells a parcel of their property but includes language in the deed that maintains their right to access a road running through that sold parcel, they have created an easement by reservation.

The creation of this type of easement relies on clear, written documentation and specific terms laid out in the deed. It is important for the rights reserved to be accurately defined in order to avoid disputes in the future. This method ensures legal enforceability and clarity regarding the rights retained by the landowner after the sale.

Other methods, such as court orders or informal agreements, do not adequately create an easement by reservation as they lack the formalities required for definitive claims to be established and recognized within property law. Governmental regulations may impact easement creation broadly but do not constitute the individual creation of an easement by reservation in the way a deed does.