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Simple English definitions for legal terms
entry, right of
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A quick definition of entry, right of:
Entry, right of is a legal term that refers to a situation where a person who has sold a property retains the right to take it back if the buyer fails to meet certain conditions. This is called a power of termination. For example, if a person sells a house to someone else but includes a condition that the buyer must keep the house in good condition, the seller can take the house back if the buyer fails to do so. This right is also known as a right of entry, right of reentry, or right of entry for breach of condition. It is important to note that this right only applies if the seller exercises it, and it is different from a possibility of reverting, which is an automatic right of the seller to take back the property if certain conditions are not met.
A more thorough explanation:
Definition: Entry, right of refers to a future interest that a grantor retains after conveying a fee simple subject to a condition subsequent. This means that the grantee's estate will only terminate if the grantor exercises the right to retake it, which happens upon breach of the condition. It is also known as right of entry, right of reentry, right of entry for breach of condition, or right of entry for condition broken.
Examples: If a landowner grants a lease to a tenant for a period of 10 years, subject to the condition that the tenant must not use the property for commercial purposes, the landowner retains the right of entry. If the tenant violates the condition by using the property for commercial purposes, the landowner can exercise the right of entry and terminate the lease.
Another example is when a homeowner sells their property to a buyer, subject to the condition that the buyer must not make any structural changes to the house. If the buyer violates the condition by adding a new room to the house, the homeowner retains the right of entry and can retake the property.
These examples illustrate how the right of entry works in practice. The grantor retains the power to terminate the grantee's estate if the condition is breached, but only if they exercise the right of entry.