Which term describes creating an easement when the seller reserves an easement for his use after the sale?

Study for the Burk Baker National Test. Use flashcards and multiple choice questions with hints and explanations to prepare effectively. Get ready for your exam!

Multiple Choice

Which term describes creating an easement when the seller reserves an easement for his use after the sale?

Explanation:
An easement by reservation is created when the seller, at the time of transferring property, keeps a right to use part of the land after the sale. This means the deed includes language preserving a use for the seller, so the buyer takes title subject to that ongoing right. The easement then runs with the land, binding future owners, and the burden sits on the conveyed parcel while the seller continues to enjoy the reserved use. This isn’t about the government taking property (condemnation), nor about the easement holder giving up their right (voluntary relinquishment), and it isn’t simply a temporary arrangement that ends when a time limit expires. It’s a reserved right created in the deed itself, hence an easement by reservation.

An easement by reservation is created when the seller, at the time of transferring property, keeps a right to use part of the land after the sale. This means the deed includes language preserving a use for the seller, so the buyer takes title subject to that ongoing right. The easement then runs with the land, binding future owners, and the burden sits on the conveyed parcel while the seller continues to enjoy the reserved use.

This isn’t about the government taking property (condemnation), nor about the easement holder giving up their right (voluntary relinquishment), and it isn’t simply a temporary arrangement that ends when a time limit expires. It’s a reserved right created in the deed itself, hence an easement by reservation.

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