Also known as: right of entry · right to enter · re-entry right · 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 condition subsequent. The interest empowers the grantor or the grantor's successors to reenter the land and terminate the grantee's estate upon breach of the stated condition.
Rachel Ramirez conveyed land to Rajesh Rao subject to a condition that the parcel never be used for commercial purposes, retaining a right of entry. Rao opened a retail store. Ramirez exercised the right of entry, reentered, and terminated Rao's estate.
Riley Rivera conveyed property to Redline Automotive with a condition against industrial use and retained a right of entry. After Riley's death the heirs discovered a factory on the land. The heirs exercised the right of entry to terminate the estate.
Raymond Ramos conveyed land to Riverside Healthcare subject to a condition and retained a right of entry. Ramos later assigned the right of entry to a third party. The assignee exercised the right upon breach, terminating the estate.
Select any source to read its text and confirm it supports the definition.
Ronald Reed conveyed land to Ruby Rivera subject to a condition and retained a right of entry. Reed later released the right of entry directly to Rivera. The release merged the interest, converting Rivera's estate to fee simple absolute.
Rising Sun Electronics conveyed a strip of land to Riverfront Developments subject to an easement allowing underground pipeline installation. Riverfront later blocked access needed for maintenance. The easement holder invoked its nonpossessory right to enter and use the strip for the authorized purpose, obligating Riverfront not to interfere.
Ruby Rivera granted Ronald Reed a profit allowing entry onto her woodland to cut and remove timber. Reed entered and began harvesting. Rivera attempted to revoke access, but the profit conferred an irrevocable right to enter and remove the timber as authorized.
A right of entry follows a fee simple subject to condition subsequent and requires the grantor to take affirmative action to reenter and terminate the estate. A possibility of reverter follows a fee simple determinable and automatically restores the grantor's estate upon the stated event without any action by the grantor.
Supporting sources
In many jurisdictions rights of entry remain inalienable inter vivos absent a statute authorizing transfer. Even where inalienable, the holder may release the interest to the current possessor, enlarging the possessory estate to fee simple absolute.
No. Rights of entry retained by the grantor are treated as vested from the moment of creation and are therefore exempt from the Rule Against Perpetuities.
…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…