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Simple English definitions for legal terms
implied reservation
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A quick definition of implied reservation:
An implied reservation is when someone who is selling property retains a right or interest in that property, such as an easement, even though they are giving the property to someone else. This can happen if the seller could have specifically reserved the right, but didn't. It's like keeping a secret right that only the seller knows about. It can also refer to a country's formal declaration that they will only agree to a treaty if certain changes are made. Lastly, it can refer to a piece of land that is set aside for a specific purpose, like for use by indigenous peoples.
A more thorough explanation:
An implied reservation is a legal term that refers to the creation of a new right or interest in real property being granted to another. This can include the establishment of a limiting condition or qualification, such as a nation's formal declaration upon signing or ratifying a treaty. It can also refer to a tract of public land that is set aside for a special purpose, such as use by indigenous peoples.
One example of an implied reservation is an easement that reserves in a landowner the right to cross a portion of sold land, such as a right-of-way over land lying between the seller's home and the only exit. This type of implied easement arises only if the seller could have expressly reserved an easement, but for some reason failed to do so.
Another example of an implied reservation is when a nation signs a treaty but conditions its willingness to become a party to the treaty on the modification or amendment of one or more provisions of the treaty as applied in its relations with other parties to the treaty.
These examples illustrate how an implied reservation can create a new right or interest in real property or establish a limiting condition or qualification in a legal agreement.