Legal Definitions - right of entry for breach of condition

The right of entry for breach of condition is a legal interest held by a grantor (the person who transfers property) in real estate. It arises when property is conveyed subject to a 'condition subsequent.' This means the transfer of ownership is complete, but it comes with a specific requirement or restriction. If the recipient of the property (the grantee) fails to meet or violates this condition, the original grantor or their heirs have the option to re-enter the property and reclaim its ownership. It's important to note that the property does not automatically revert to the grantor; the grantor must take active steps to exercise this right and terminate the grantee's interest.

Here are some examples to illustrate this concept:

• Charitable Land Donation: A wealthy philanthropist donates a large parcel of land to a local university. The deed specifies that the land must always be used for academic research facilities and never for commercial purposes. Years later, facing financial difficulties, the university decides to lease a portion of the land to a private company to build a shopping mall, violating the "academic research facilities" condition. The philanthropist's estate now possesses the right of entry for breach of condition. They can initiate legal action to re-enter and reclaim the land because the university violated the specific condition outlined in the original deed.

• Family Farm Transfer: An elderly homeowner transfers their family farm to their niece, with a condition in the deed stating that the property must always remain a working farm and cannot be subdivided or developed for residential housing. The niece, finding farming unprofitable, decides to sell off several acres to a housing developer to build suburban homes. The original homeowner (or their heirs, if the homeowner has passed away) would have the right of entry for breach of condition. They could take legal steps to reclaim the entire farm because the niece violated the condition against subdividing and developing the land for housing.

• Historical Preservation Sale: A historical society sells an old, architecturally significant building to a private developer. The deed includes a condition that the exterior facade of the building must be preserved in its original historical style and cannot be significantly altered without the society's express permission. The developer, seeking to modernize the building, begins demolition of the original facade, replacing it with a contemporary glass and steel structure without consulting the historical society. The historical society holds the right of entry for breach of condition. Because the developer violated the preservation condition, the society could pursue legal action to reclaim ownership of the property to ensure its historical integrity is maintained.