Section 13 Reservation or Exception

• Library: Real Estate Fundamentals 2011

The creation of an easement by reservation or by exception is generally considered the equivalent of an express grant. Knox Cnty. Stone Co. v. Bellefontaine Quarry, Inc., 985 S.W.2d 356, 360 (Mo. App. E.D. 1998); Robins v. Wright, 53 S.W.2d 1046 (Mo. 1932). An easement is “reserved” when, by the terms of a grant, the grantor retains an easement—e.g., “A to B in fee reserving to A a strip 20' in width for use as a driveway.” An easement is created by exception when the grantor excludes a right from the...