Legal Definitions - reserved easement

A reserved easement is a legal right that a property owner creates for themselves when they sell a portion of their land. Essentially, when a seller transfers ownership of part of their property, they "reserve" or keep a specific right to use the sold portion for the benefit of the land they *retain*. This means the seller, now the owner of the remaining property, has a legal right to use a specific part of the land they just sold to the buyer. It's a way to ensure continued access, utility service, or other necessary uses for the seller's remaining property.

Here are some examples illustrating a reserved easement:

• Example 1: Access to a Back Parcel
  Imagine a large rural property owner, Ms. Chen, who decides to sell the front half of her land to a developer. However, the back half of her property, where her farmhouse is located, has no other road access. When Ms. Chen sells the front half, she includes a clause in the deed stating that she "reserves an easement" for a driveway across the sold front parcel, allowing her to reach her farmhouse on the retained back parcel. The developer buys the front land, but Ms. Chen legally retains the right to use that specific strip of land for access.

  How this illustrates the term: Ms. Chen (the seller) sold a portion of her land but *reserved* a right-of-way over the sold land. This right benefits the land she *retained* (her farmhouse parcel), ensuring she still has access to it.

• Example 2: Utility Lines
  Mr. Davies owns a large suburban lot with his house situated near the front. The main sewer line for his house runs from the street, through the middle of his property, and connects to his home. He decides to subdivide his lot and sell the back half to a new buyer who plans to build a separate house. To ensure his existing house continues to have sewer service, Mr. Davies includes a provision in the sale agreement and deed that he "reserves an easement" for the existing sewer line to remain in place and be accessible for maintenance, even though it now runs under the newly sold back half of the property.

  How this illustrates the term: Mr. Davies (the seller) sold a portion of his land but *reserved* the right for his utility line to pass through the sold property. This right benefits the land he *retained* (his original house), ensuring its continued sewer service.

• Example 3: Shared Water Source
  A rancher, Mr. Rodriguez, owns a vast property that includes a natural spring providing water to both his main ranch house and a distant pasture he uses for grazing. He decides to sell the portion of his land where the spring is located to a neighboring farmer. To ensure his remaining ranch house and pasture still have access to water, Mr. Rodriguez stipulates in the sale that he "reserves an easement" to draw water from the spring and to maintain the pipeline that carries water to his retained properties.

  How this illustrates the term: Mr. Rodriguez (the seller) sold the land containing the spring but *reserved* the right to use the spring and its associated infrastructure on the sold property. This right benefits the land he *retained* (his ranch house and pasture), providing them with a continued water supply.