Legal Definitions - Reservation

The term "Reservation" has two primary meanings in a legal context:

• 1. In Property Law:

  A "reservation" refers to a specific right or interest that a seller (known as the "grantor") keeps for themselves when they transfer ownership of real estate to another party. Even though the property is sold, the seller retains a particular right to use or access a part of it, or to impose a condition on its use, which is formally stated in the deed of transfer.

  • Example 1: A landowner sells a large parcel of rural property but wants to ensure they can still access a natural spring located on the land to collect water for their adjacent, remaining property. The deed transferring ownership might include a clause stating, "The grantor reserves a perpetual easement for the purpose of accessing and drawing water from the spring located on the conveyed property."

    Explanation: Here, the seller (grantor) is retaining a specific right (an easement to access the spring) on the land they are selling, which benefits their other property. This right is "reserved" in the deed, meaning it continues to exist for the seller even after the sale.

  • Example 2: A family sells their ancestral farm, which includes a small, historic family burial plot. To ensure they can continue to visit and maintain the graves, the deed of sale might contain a reservation: "The grantor reserves a right of perpetual access to the family burial plot situated within the conveyed property for visitation and maintenance."

    Explanation: In this scenario, the family (grantor) is keeping a specific right (access to the burial plot) on the property they are selling. This demonstrates a retained interest or privilege for the seller, even after the transfer of the property's ownership.

• 2. Regarding Indigenous Lands:

  A "reservation" refers to a specific area of land that is under the jurisdiction and governance of a federally recognized American Indian tribe. These lands are often held in trust by the U.S. government for the benefit of the tribe or are owned by the tribe itself, and the tribal government typically exercises sovereign powers over them, including self-governance and the administration of justice.

  • Example 1: The Oglala Sioux Tribe governs the Pine Ridge Reservation in South Dakota. Within this territory, the tribal government operates its own police force, courts, and schools, and makes decisions about land use and economic development for its members, largely independent of state laws.

    Explanation: This illustrates a defined land area where a federally recognized American Indian tribe exercises its inherent governmental authority and jurisdiction, managing its own affairs within its designated boundaries.

  • Example 2: The Mashantucket Pequot Tribal Nation manages its reservation lands in Connecticut, where it operates a major resort and casino. The tribal council makes sovereign decisions regarding the development, infrastructure, and services on these lands, reflecting its self-governing status and control over its territory.

    Explanation: This example highlights a specific territory designated for and governed by a federally recognized tribe, demonstrating their jurisdiction over the land and its resources, and their ability to make independent governmental decisions.