Also known as: right of reentry · right of re-entry · rights of re-entry · reentry right · re-entry right · power of termination
Written by attorneys · grounded in primary & secondary sources — see below
A future interest retained by the grantor after conveying a fee simple subject to condition subsequent. The interest permits the grantor to reenter the land and terminate the grantee's estate upon breach of the stated condition.
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Roberto Reyes conveyed land to his daughter on condition that it remain agricultural and reserved a right of reentry if the condition failed. After Roberto died, his surviving spouse claimed a dower life estate. The court held that the spouse's interest was subordinate to the power of termination held by the original grantor's successors.
Ricardo Rojas created a fee tail preserved for one lifetime and reserved a right of reentry if the land left family use. Upon his death his widow sought curtesy. The power of termination took priority over the widow's interest under the governing rule.
Rajesh Rao conveyed land in fee simple conditional and retained a right of reentry if the grantee ceased the required use. After Rao died his surviving spouse asserted dower. The court ruled the dower interest remained subordinate to the unexercised power of termination.
Roland Rhodes leased property to a tenant and reserved a right of reentry for nonpayment of rent. When the tenant assigned the lease, Rhodes exercised the right of reentry to regain possession. The court treated the retained right as an estate interest supporting the landlord's recovery.
Ravi Reddy leased commercial space and later transferred the entire remaining term while retaining a right of reentry for a short period. The court examined whether the transfer was an assignment or sublease. The retained right of reentry helped classify the transaction as a sublease.
Ryan Roberts transferred personal property to a life tenant and retained a right of reentry if the life tenant misused the goods. Upon breach the court recognized the right of reentry as a valid future interest in the personalty.
A right of reentry requires an affirmative act of reentry by the holder to terminate the estate. A possibility of reverter arises automatically upon the happening of the limiting event.
No. The surviving spouse receives a dower or curtesy life estate treated as if the deceased held fee simple, but that interest remains subordinate to any power of termination that restricted the deceased's estate.
…interest in the property whereas a sublease transfers only a portion of that interest, with the original lessee retaining a right of reentry at some point during the unexpired term of the lease. (See Hartman Ranch Co. v. Associated Oil Co. (1937) 10 Cal.2d 232, 242-243 [73 P.2d 1163]; Gilman v. Nemetz (1962) 203 Cal.…