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Legal Definitions - entry, right of

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Definition of entry, right of

The right of entry is a legal interest retained by a grantor (the person transferring property) when they convey land to another party (the grantee). This right allows the grantor, or their heirs, to reclaim the property if a specific condition attached to the transfer is violated by the grantee. It is not an automatic reversion; the grantor must take active steps to repossess the property once the condition is broken.

Here are some examples illustrating the right of entry:

  • Imagine a wealthy philanthropist donates a large tract of land to a local university, but includes a specific clause in the deed stating that the land must always be maintained as a natural preserve for ecological research. If, twenty years later, the university decides to sell a portion of the land to a commercial developer to build a shopping center, the philanthropist (or their heirs) would have a right of entry. This means they could legally take action to reclaim the entire property because the university violated the condition of the original transfer.

  • Consider a property owner who sells a parcel of land to a business, but includes a restrictive covenant in the deed that the land can never be used for the sale of alcoholic beverages, perhaps due to proximity to a school. If the business later opens a liquor store on the property, the original property owner would possess a right of entry. They could then initiate legal proceedings to repossess the land, as the condition they imposed during the sale has been breached.

  • A historical society grants a long-term lease of a historic building to a community arts group, with a condition that the building must be preserved in its original architectural style and not undergo any major structural alterations. If the arts group later decides to demolish a significant portion of the building's facade to install a modern glass entrance, the historical society would have a right of entry. This allows them to terminate the lease and reclaim possession of the building due to the violation of the preservation condition.

Simple Definition

The right of entry is a legal right retained by a grantor (the original owner) when transferring property. It allows the grantor to reclaim the property if a specific condition, outlined in the deed, is violated by the new owner.

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