Legal Definitions - Right of entry

A Right of Entry is a specific legal right that an original property owner (known as the grantor) keeps for themselves when they transfer land to another party (the grantee). This right comes into play if the transfer was made with a specific condition attached, and that condition is later violated by the new owner.

Essentially, if the grantee fails to uphold the agreed-upon condition, the grantor then has the option to reclaim the property. It's important to note that the property does not automatically revert to the grantor; they must actively take legal steps to exercise their right and repossess the land.

• Example 1: Land for a Nature Preserve

  A wealthy philanthropist donates a large tract of land to an environmental conservation organization, with the explicit condition that the land must always be maintained as a nature preserve and never developed for commercial purposes. The deed includes a clause granting the philanthropist (or their heirs) a Right of Entry if this condition is ever breached.

  Explanation: If, ten years later, the conservation organization decides to sell a portion of the land to a developer for a resort, the philanthropist's heirs would have the Right of Entry. They could then initiate legal action to reclaim the property because the original condition of non-development was violated. They are not automatically given the land back; they must choose to enforce their right.

• Example 2: Family Farm with Agricultural Use

  A farmer transfers a family farm to his youngest daughter, but with the condition that the land must always be used for agricultural purposes. The deed specifies that if the land ceases to be farmed, the farmer retains a Right of Entry.

  Explanation: If the daughter later decides to stop farming and instead converts the entire property into a residential subdivision, her father would have the Right of Entry. He could then pursue legal means to reclaim the farm, as the condition of continuous agricultural use was broken. He has the choice to act on this right or not.

• Example 3: Commercial Property for a Specific Business

  A city sells a parcel of land in a revitalized downtown area to a developer, on the condition that the property must be used to operate a public library for at least 25 years. The sales agreement includes a Right of Entry for the city if this condition is not met.

  Explanation: If, after 15 years, the developer decides to close the library and convert the building into luxury condominiums, the city would have a Right of Entry. The city could then take legal action to reclaim the property, as the condition regarding its use as a public library was breached. The city has the discretion to enforce this right.