Also known as: reservations · reservation of rights
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
The creation of a new right or interest by the grantor in real property being conveyed to another. An exception withholds a pre-existing interest from the conveyance while a reservation creates a fresh one in the grantor.
The creation of a new right or interest by the grantor in real property being conveyed to another. An exception withholds a pre-existing interest from the conveyance while a reservation creates a fresh one in the grantor.
Roland Rhodes holds a senior mortgage on land owned by Renata Russo. Rhodes and Russo later agree to increase the interest rate. Junior lienholder Ryan Roberts claims the change destroys priority. Because the original mortgage contained a reservation of the right to modify, the increased rate retains senior position against Roberts.
Retention of title by a seller of goods or an interest in personal property that secures payment or performance of an obligation. The retention does not impair the buyer's rights upon identification of the goods.
Riverstone Manufacturing sells equipment to Ridgeway Partners under a contract that reserves title until full payment. Ridgeway takes possession and later files for bankruptcy. The reservation allows Riverstone to reclaim the equipment because it retained a security interest under the sales agreement.
A power expressly retained by the donee of a power of appointment to revoke or amend an exercise of that power when the terms of the original power permit the reservation.
Ricardo Rojas receives a power of appointment over trust assets. When exercising the power he expressly reserves the right to revoke the appointment. Later Rojas attempts to revoke the exercise. The reservation permits revocation because the original power did not prohibit it.
Retention of title by a seller of goods or an interest in personal property that secures payment or performance of an obligation. The retention does not impair the buyer's rights upon identification of the goods.
A power expressly retained by the donee of a power of appointment to revoke or amend an exercise of that power when the terms of the original power permit the reservation.
Each sense below has its own examples, sources, and questions.
Raphael Rivera pleads guilty to conspiracy but reserves the right to contest the amount of drugs attributable to her at sentencing. At the hearing she declines to testify about quantity. The reservation does not restore her Fifth Amendment privilege once she has admitted the offense.
A state statute restricts abortion access. The plaintiff argues the statute invades a zone of privacy. The Court recognizes that the constitutional guarantee of personal liberty encompasses a woman's decision to terminate a pregnancy while also noting that the right is not absolute.
Rajesh Rao buys a new car whose warranty contains a clause reserving to the manufacturer the sole discretion to determine whether a part is defective. When a defect appears the manufacturer refuses to honor the claim. The reservation is unenforceable because it imposes an unfair burden on the buyer.
A reservation creates a new right in the grantor while an exception withholds a pre-existing interest from the conveyance. Courts look to the grantor's intent when language is ambiguous.
Priority is preserved if the reservation appears in the mortgage and the modification falls within its scope. A modification outside the reservation loses priority to the extent it materially prejudices junior interests.
The letter permits the insurer to defend while preserving coverage defenses. The insured remains the client whose objectives control settlement decisions.
A buyer may replevin goods identified to the contract if cover is unavailable or if the goods were shipped under reservation and the security interest has been satisfied or tendered.
Revocation is possible only if the donee expressly reserved the power to revoke when making the exercise and the terms of the original power do not prohibit the reservation.
…liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. Pp. 152-153. (b) The right of privacy is not absolute. The Court has recognized…