Legal Definitions - implied reservation

An implied reservation occurs when an owner sells a portion of their land but retains certain rights or interests over the sold portion, even though these rights are not explicitly written down in the sales agreement or deed. These rights are "implied" because they are considered necessary for the reasonable use and enjoyment of the land the seller *keeps*, and it is presumed that both parties intended for these essential rights to continue. This legal concept prevents a seller from being left without critical access or utilities to their remaining property after selling off a part of it.

Here are some examples illustrating an implied reservation:

• Example 1: Access Easement

  A farmer owns a large plot of land. The back half of the land, where their farmhouse and barn are located, can only be accessed by driving across a dirt track on the front half. The farmer decides to sell the front half of the land to a developer. The sales contract and deed for the front half do not mention any right for the farmer to continue using the dirt track. However, without that track, the farmer would have no way to reach their farmhouse and barn on the retained back portion.

  This illustrates an implied reservation because a court would likely recognize an implied reservation of an easement (a right of way) for the farmer to continue using the dirt track over the sold front portion. This right is essential for accessing the retained back portion, and it's presumed the farmer would not have sold the front land without intending to retain access to their home and livelihood.

• Example 2: Utility Connection

  A homeowner owns a property with a main house and a detached guest house, both connected to the municipal sewer line that runs under the front yard. The homeowner sells the front yard portion of their property, including the land directly above where the sewer line enters the street, to a neighbor who wants to expand their garden. The deed for the sold front yard does not explicitly state that the original homeowner retains the right for their sewer line to run under the neighbor's new garden.

  This illustrates an implied reservation because without this sewer connection, the main house and guest house would lose essential utility service. A court could find an implied reservation of an easement for the sewer line, allowing the original homeowner to maintain and use the existing sewer connection under the sold land, as it is critical for the continued use and habitability of their retained property.

• Example 3: Right to Support

  An owner has a multi-story building situated on the very edge of their property, with one wall of the building relying on the lateral support provided by an adjacent vacant lot they also own. The owner decides to sell the vacant lot to a developer. The deed for the vacant lot does not explicitly state that the buyer must maintain the lateral support for the seller's building.

  This illustrates an implied reservation because if the developer were to excavate deeply on the vacant lot without taking precautions, it could undermine the foundation of the seller's building. In such a case, the law might recognize an implied reservation of a right to lateral support. This means the developer, as the new owner of the vacant lot, has an obligation not to remove the natural support for the seller's building, as this support is essential for the structural integrity of the retained property.