Patent Reservation

A clause in a patent or instrument of conveyance by which the Government creates and reserves to itself, some right or interest in the estate granted, which had no previous existence, but is called into being by the patent. The reservation is always in favor of and for the benefit of the grantor, thus a right-of-way grant which exists at the time of the patent is issued can never amount to a reservation unless the right-of-way is for the benefit of the United States. Otherwise, a valid existing right-of-way should be protected by issuing the patent, "subject to" the right-of-way