Also known as: right of entry for breach of condition · rights of re-entry for breach of condition · right of re-entry for breach of condition · right of entry · power of termination · right of re-entry
Written by attorneys · grounded in primary & secondary sources — see below
A future interest retained by a grantor that empowers the grantor or the grantor's successors to terminate a grantee's defeasible estate upon breach of a condition subsequent by physical entry or other exercise of the power.
Ravi Reddy conveyed land to his daughter in fee tail. Upon his death his widow Riley Rivera claimed dower. The court held her interest subordinate to an executory interest and power of termination that had restricted the deceased spouse's estate under the governing rule.
Roberto Reyes held a fee tail preserved for a single lifetime. After his death his surviving spouse Renee Rogers asserted curtesy. The court ruled her interest remained subordinate to the executory interest and power of termination that had restricted the estate.
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Raymond Ramos conveyed land in fee simple conditional to his son. After the son's death the widow Rita Russell claimed curtesy. The court held her interest subordinate to an undestroyed power of termination that had restricted the deceased spouse's estate.
Royal Crest Hotels leased space to a tenant who breached a use condition. The landlord exercised its right of entry by changing the locks without force. The court awarded damages to the tenant because the reentry was non-peaceable under the governing standard.
Rhapsody Entertainment leased premises subject to a condition against commercial subletting. Upon breach the landlord sought possession through summary process. The court examined whether the statutory eviction procedures satisfied due process before permitting reentry.
Riverside Healthcare subleased space with a right of reentry reserved for breach. The sublessor later acquired the prime lease. The court held that merger did not automatically extinguish the right of entry for condition broken.
A right of entry requires the holder to take affirmative action such as physical entry or notice to terminate the estate after breach of a condition subsequent. A possibility of reverter arises automatically upon breach of a limitation without any action by the holder.
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No. Rights of entry retained by the grantor or the grantor's successors are exempt from the rule against perpetuities because they are reversionary interests that do not involve creation in a third party.
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The right passes to the grantor's successors by will or intestacy and remains enforceable by those successors upon breach of the condition.
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Self-help reentry is permitted only if it is peaceable. Forcible or non-peaceable entry exposes the landlord to damages even when the tenant has breached the lease condition.
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…a private right to compel or enforce the reversion of a public facility. Whether the right is a possibility of reverter, a right of entry, an executory interest, or a contractual right, it can be created only with the consent of a public body or official, for example the official action involved in Macon’s acceptance of the…