What is created when an owner conveys property but reserves the right to use a portion of it?

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When an owner conveys a property while reserving the right to use a portion of it, an easement by reservation is created. This legal instrument allows the original property owner to retain specific rights to use a designated part of the land even after the property ownership is transferred to another party.

For example, if the owner sells a tract of land but wants to maintain access to a small portion for personal use—like a driveway or pathway—this situation illustrates an easement by reservation. The key element of this type of easement is that it is explicitly created during the property transfer, clearly stating the portion of property that remains accessible to the original owner.

This is distinguished from other types of easements. A negative easement typically prohibits a property owner from using their property in a way that interferes with another party's rights, but it doesn’t allow for any reserved use as in this scenario. A shared easement generally refers to an arrangement where two parties hold a mutual right to use a piece of property, which is different from the one-sided reservation nature of easement by reservation. An exclusive easement grants use to a specific party but does not reflect the original owner's retained rights after selling the property.

Thus, easement by reservation accurately describes

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