Reservation

That part of a deed or instrument which reserves a thing not in esse at the time of the grant, but newly created.

2 Hilliard, Abr. 359.

The creation of a right or interest which had no prior existence as such in a thing or part of a thing granted, by means of a clause inserted by the grantor in the instrument of conveyance. A "reservation" is distinguished from an "exception" in that it is of a new right or interest; thus, a right of way reserved at the time of conveying an estate, which may have been enjoyed by the grantor as owner of the estate, becomes a new right.

42 Me. 9.

A reservation may be of a life estate (28 Vt. 10; 33 N. H. 18; 3 Jones [N. C] 37, 38; 23 Mo. 373; 3 Md. Ch. 230); of a right of flowage (41 Me. 298); right to use water (41 Me. 177; 9 N. Y. 423; 16 Barb. [N. Y.] 212); right of way (25 Conn. 331; 6 Cush. [Mass.] 254; 10 Cush. [Mass.] 313; 10 B. Mon. [Ky.] 463); and many other rights and interests (33 N. H. 507; 9 B. Mon. [Ky.] 163; 5 Pa. St. 317).

See 6 Cush. (Mass.) 162; 4 Pa. St. 173; 9 Johns. (N. Y.) 73.