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 17. 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).
2. 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— Also termed (in sense 3) reserve; reserved land; withdrawn land.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.]
