Also known as: rights of entry for condition broken · right of entry upon condition broken · power of termination · right of re-entry
Written by attorneys · grounded in primary & secondary sources — see below
A future interest retained by a grantor after conveying a fee simple subject to a condition subsequent. The interest permits the grantor to terminate the grantee's estate upon breach of the condition only by exercising the retained right to retake possession.
Roberto Reyes conveyed land to his son Ralph in fee simple subject to a condition subsequent that liquor never be sold on the premises, expressly reserving a right of entry for condition broken. After Roberto's death his widow Rita Russell claimed dower. The court held Rita's life estate subordinate to the right of entry held by Roberto's heirs.
Riley Rivera conveyed land to his daughter in fee simple subject to a condition subsequent against commercial use and reserving a right of entry. Upon Riley's death his widow Renee Rogers asserted curtesy. The court ruled her interest subordinate to the right of entry retained by Riley's successors.
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Robert Rivera conveyed land to his son in fee simple subject to a condition subsequent that the land remain agricultural, expressly reserving a right of entry. After Robert's death his widow Rita Russell claimed dower. The court held her life estate subordinate to the right of entry because the condition had not been destroyed by prior transfer.
Ralph Richardson conveyed land to Riverfront Developments on condition that it operate a training center, expressly reserving a right of entry for condition broken. Years later Ralph purported to sell the right of entry to Rhapsody Entertainment. When the condition was later breached only Ralph or his heirs could exercise the power. The assignment conveyed nothing.
Renee Rogers conveyed land to Redwood Bank on condition that the premises never be used for non-banking purposes, expressly reserving a right of entry. Renee later executed a document attempting to assign the right to Riverside Healthcare. The assignment was ineffective. Only Renee retained the power to terminate the estate upon breach.
No. Traditional doctrine treats the interest as a personal prerogative of the grantor that cannot be assigned or sold inter vivos. The holder may retain it, release it, or allow it to pass at death, but an attempted lifetime conveyance is ineffective.
The grantor creates a fee simple subject to condition subsequent in the grantee and retains a power of termination, also called a right of entry for condition broken, in the grantor.
No. Upon breach the estate remains intact until the holder of the right of entry affirmatively exercises the power to retake possession. The estate does not end by operation of law alone.
A possibility of reverter follows a fee simple determinable and automatically becomes possessory upon the stated event. A right of entry follows a fee simple subject to condition subsequent and requires an affirmative act of reentry by the holder to terminate the estate.
…right to their removal at the expiration of the lease. Rogers reserved no part or interest in the lease; nor did he reserve a right of re-entry in event of a breach of any of the conditions or covenants of the lease on the part of defendant. It is our opinion the defendant under the terms of the agreement with Rogers, had a right…