Is "Reserved" a synonym for "Easement"

DJSS

New Member
Jurisdiction
Virginia
I am the owner of lake front lots (80 & 45) in VA. It was recently discovered that a deed to a different set of off water lots from 1967 mentions my lots in the following way: "Lots 80 and 45 are reserved for the use and benefit of the owners of Lots 15-29 inclusive, 42 and 43, for the purpose of access to the waters of the lake, and for such appurtenant usage thereof as may be feasible." The interesting fact is that this agreement is never mentioned anywhere in the chain of title for my lots. In other words, the "reservation" is attached to the dominant estate, but is never mentioned or referenced on the servient estate. Does this lack of record on the servient estate somehow create a way to null this agreement mentioned on the dominant estate? The off water lots mentioned have never been improved on in 55+ years...so there's no one currently needing access to the waters at this time. However, if someone did build a home...would this deed hold up?
Let's assume that it does...what does "reserved" mean anyways? Is this a synonym for an easement? Does it somehow take away my rights to build a home and improve the land? The language seems pretty vague because if it does hold up, how much access am I required to give and how? I'm just overly worried about my rights on the land because of the word "reserved". I don't want to keep investing time and money to potentially build a house or dock to later find out that I was never allowed to because of that 1967 deed.
I can't seem to find much information about this through Google...so I'm hoping someone legally minded who follows this site can offer some clarity to "reserved" and their interpretation of this whole situation. I'm more than happy to address any questions if someone needs more details.
 
Frankly, this matter may be of such concern that a consultation with a local attorney specializing in land-use matters may be in order.
 
Indeed. This may or may not be binding on you depending on just what instrument it does appear in and how that interrelates with your chain of title. It's going to take some searching in the deed books to the time this area was subdivided or whatever.
 
The word reserved, when speaking of easements, means that the grantor (servient estate) reserves his right to use the property . It doesn't per se mean that an easement is created but allows a property owner to retain particular rights to the property during ownership transfer.. The reservation is usually vague but does grant permission to use the other estates for the purpose stated in the express grant such as in a subdivision.

Just because the reservation doesn't appear in subsequent deeds does not negate or extinguish the original granted reservation.
 
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