What distinguishes an easement by express reservation?

An easement by express reservation is defined as a legal right to use a portion of another person's property for a specific purpose, which is retained when a property owner sells or transfers the land. In this scenario, even though the property is transferred to a new owner (the servient tenement), the original owner retains the right to use a part of the property for a specified use (the dominant tenement). This can often relate to access, utilities, or enjoyment of the land in a specific manner agreed upon by the parties involved.

The essence of this concept lies in the immediate retention of rights by the seller after the sale of the property, which indicates that it's a deliberate and recognized transfer of property rights rather than an implied one. This distinction not only clarifies the relationship between the dominant and servient tenements but also adheres to legal principles governing property transactions.

In contrast, other options may represent different kinds of easements or property rights but do not specifically identify the essential feature of an easement by express reservation. For instance, public use or continuous use relates to different forms or characteristics of easements. Equally, while documentation through a public record is critical for legal enforceability, it does not encapsulate the concept of an express reservation