implied reservation

implied reservation
A reservation of a right or easement from the grant made by an absolute conveyance in fee where such right or easement is essential to the enjoyment of land remaining in the grantor's ownership. 23 Am J2d Deeds § 270.

Ballentine's law dictionary. . 1998.

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  • implied — This word is used in law in contrast to express ; i.e., where the intention in regard to the subjectmatter is not manifested by explicit and direct words, but is gathered by implication or necessary deduction from the circumstances, the general… …   Black's law dictionary

  • implied — This word is used in law in contrast to express ; i.e., where the intention in regard to the subjectmatter is not manifested by explicit and direct words, but is gathered by implication or necessary deduction from the circumstances, the general… …   Black's law dictionary

  • implied tenancy at will — The tenancy of one who enters on land by permission of the owner for an indefinite period without the reservation of any rent. 32 Am J1st L & T § 66 …   Ballentine's law dictionary

  • Disallowance and reservation — are constitutional powers that theoretically exist in certain Commonwealth realms to delay or overrule legislation. Originally created to retain the Crown s authority over colonial authorities across the British Empire, these powers are now… …   Wikipedia

  • Native American reservation politics — Alexispowwow Native American politics remain divided over different issues such as assimilation, education, healthcare, and economic factors concerning reservations. As a nation living within the United States of America, the Natives face… …   Wikipedia

  • way of necessity — A way acquired by an owner of land so situated that it is physically inaccessible to a public highway. Tomten v Thomas, 125 Mont 159, 232 P2d 723, 26 ALR2d 1285. An easement founded on an implied grant or implied reservation, arising where there… …   Ballentine's law dictionary

  • easement — ease·ment / ēz mənt/ n [Anglo French esement, literally, benefit, convenience, from Old French aisement, from aisier to ease, assist]: an interest in land owned by another that entitles its holder to a specific limited use or enjoyment (as the… …   Law dictionary

  • water — As designating a commodity or a subject of ownership, this term has the same meaning in law as in common speech; but in another sense, and especially in the plural, it may designate a body of water, such as a river, a lake, or an ocean, or an… …   Black's law dictionary

  • access — Opportunity to come and go from premises. An easement of way, whether arising from express or implied grant, express or implied reservation. The right of a parson to a designated benefice which is temporarily in abeyance. The opportunity of a… …   Ballentine's law dictionary

  • right of way by necessity — A right of way founded upon an implied grant or implied reservation, the implication arising from the necessity of a way for use of premises granted or premises retained by the grantor. 25 Am J2d Ease § 34 …   Ballentine's law dictionary

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