Also known as: rights of entry · right to enter
Written by attorneys · grounded in primary & secondary sources — see below
A future interest retained by a grantor after conveying a fee simple subject to condition subsequent. The interest empowers the grantor or the grantor's successors to re-enter the land and terminate the grantee's estate upon breach of the stated condition.
Owen conveys Blackacre to Paula in fee simple subject to condition subsequent, retaining a right of entry if Paula ever uses the land for commercial purposes. When Paula opens a store, Owen gives notice and re-enters the property. The court confirms that Paula's estate has terminated.
Nora conveys Greenacre to Quinn subject to the condition that no alcohol be sold, expressly retaining a right of entry for herself and her heirs. Quinn's heir begins selling liquor. Nora's daughter gives notice and brings an ejectment action to regain possession.
Sam deeds Whiteacre to Taylor subject to condition subsequent with a retained right of entry if livestock are kept on the premises. Taylor keeps horses for two years before Sam attempts re-entry. Taylor argues the delay waived the right, but the court holds the estate remains defeasible until affirmative action.
Select any source to read its text and confirm it supports the definition.
Victor conveys Redacre to Wendy subject to condition subsequent, retaining a right of entry. After Wendy's breach, Victor's heirs release the right to Wendy in exchange for payment. The release merges the future interest and confirms Wendy's fee simple absolute.
Alice conveys Blueacre to Ben subject to condition subsequent with an express right of entry if the land is subdivided. Ben subdivides without permission. Alice records notice of exercise but must still bring an action for possession because the estate does not end automatically.
Henry deeds Yellowacre to Irene "provided that" the parcel remain residential, "or else grantor may re-enter." Irene builds a factory. Henry elects to exercise the right of entry by filing suit, and the court treats the language as creating a fee simple subject to condition subsequent rather than a determinable fee.
A right of entry follows a fee simple subject to condition subsequent and requires the holder to take affirmative action to terminate the estate after breach. A possibility of reverter follows a fee simple determinable and vests automatically upon the occurrence of the limiting event.
At common law a right of entry could not be alienated separately from a reversion, though it could pass by descent or release to the holder of the possessory estate. Modern statutes in many jurisdictions permit inter vivos transfer.
No. The estate continues until the holder elects to exercise the right of entry by giving notice or bringing an action for possession. The possessory estate remains valid until that affirmative step occurs.
Words such as 'but if,' 'provided that,' or 'on condition that' followed by an express reservation of the right to re-enter signal a fee simple subject to condition subsequent and a retained right of entry. Automatic termination language signals a determinable fee instead.
…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…