What is a reservation easement?

A reservation easement is a type of easement that is created when a property owner sells a portion of their property but retains the right to use a designated area of that property. This means that after the sale, the seller maintains certain rights over the land despite no longer owning it, allowing for continued access or usage that was established prior to the transaction. The concept is that during the sale, the seller reserves specific rights that are documented as part of the property transaction.

The other options presented do not accurately describe a reservation easement. An easement granted without a property sale does not encapsulate the essence of a reservation, as this type of easement typically arises specifically in the context of a sale. Similarly, an easement that is sold as part of the property implies a transfer of rights rather than the retention of rights by the seller. Lastly, an easement that does not require written consent does not align with the legal necessity for documentation in most easement agreements, including reservation easements, which usually must be clearly defined to ensure legal clarity and enforcement.