Easement by Reservation

What Is an Easement by Reservation?

An easement by reservation is a property right retained by a seller when they convey (sell or transfer) a portion of their land. The seller "reserves" the right to continue using part of the transferred property for a specific purpose, such as access, utilities, or drainage. The reservation is stated in the deed and recorded in the public records.

How It Works

The typical scenario involves a property owner who divides their land and sells a portion:

• Owner sells the front parcel to a buyer
• Owner retains the rear parcel
• The deed includes language reserving an easement across the front parcel for access to the rear
• The reservation is recorded and binds all future owners of the front parcel

Requirements Under Florida Law

For an easement by reservation to be valid and enforceable in Florida:

• Written instrument: The reservation must be in writing, typically in the deed of conveyance
• Clear language: The deed must clearly describe the easement location, width, and permitted use
• Recording: The deed should be recorded in the county public records to provide constructive notice to future buyers
• Specific purpose: The reservation should identify the use (access, drainage, utilities, etc.)

Easement by Reservation vs. Other Types

• Grant: The owner gives someone else the right to use their land
• Reservation: The owner sells land but keeps a right to use it
• Easement by Implication — Arises without written language, based on prior use
• Easement by Necessity — Court-imposed when property is landlocked

Related Terms

• Easement — The general right to use another's property
• Easement Appurtenant — Attached to the land, runs with the property
• Encumbrance — A claim or restriction that affects title

Barnes Walker Real Estate Attorneys

Barnes Walker's real estate attorneys draft and review easement reservations for Florida property transactions, ensuring reserved rights are clearly defined and properly recorded. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC