Also known as: right of entry · right to enter · right of re-entry
Written by attorneys · grounded in primary & secondary sources — see below
A nonpossessory right to enter and use land in the possession of another. The right obligates the possessor not to interfere with the authorized uses.
Edgewater Capital owns a parcel crossed by an underground pipeline easement benefiting Elite Dynamics. When Edgewater Capital attempts to block access for maintenance, Elite Dynamics invokes its right of entry to perform the work without interference.
Eastern Electric holds a profit to harvest timber on land owned by Eclipse Manufacturing. Eclipse Manufacturing objects when Eastern Electric crews arrive to cut trees, but the profit confers the right of entry to remove the timber.
Select any source to read its text and confirm it supports the definition.
Emanuel Escobar transfers a life estate in Blackacre while retaining a remainder in his children and an appurtenant easement across Whiteacre for access. The life tenant and remaindermen both exercise the right of entry to use the driveway during their respective interests.
Evelyn Ellison acquires an easement for ingress across Whiteacre. An adverse possessor later occupies Blackacre and uses the driveway until ousted. The adverse possessor holds the right of entry for the duration of possession.
Eugene Ellsworth obtains an easement across Whiteacre. After the servient owner defaults on a mortgage, the purchaser at foreclosure takes title subject to the easement and cannot block Eugene Ellsworth from exercising the right of entry.
Ella Emerson leases a lot in a subdivision that grants appurtenant easements to common recreational facilities. During the lease term the tenant exercises the right of entry to use the facilities while the landlord has no concurrent right.
No. The right of entry authorizes only the uses reasonably necessary for the easement's purpose. The servient owner retains the right to make all other uses that do not unreasonably interfere.
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Yes. A profit a prendre is an easement that expressly confers the right to enter and remove timber, minerals, oil, gas, game, or other substances.
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Yes. The burden runs with the servient land, while the benefit may be either appurtenant or in gross.
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Only when the interest is a profit a prendre. An ordinary easement authorizes use but not extraction of substances from the land.
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…Court considered Bowers v. Hardwick . The facts in Bowers had some similarities to the instant case. A police officer, whose right to enter seems not to have been in question, observed Hardwick, in his own bedroom, engaging in intimate sexual conduct with another adult male. The conduct was in violation of a Georgia statute…