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 17. C.J.S. Easements §§ 62, 75–78, 105.]

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