Legal Definitions - right of entry for condition broken

The right of entry for condition broken is a legal concept in property law that allows a former owner (known as the grantor) to reclaim property if a specific condition, which was part of the original transfer of ownership, is violated by the current owner (the grantee). This right is not automatic; the original owner must actively choose to exercise it once the condition has been broken.

Here are some examples to illustrate this concept:

• Example 1: Land for Public Use

  A wealthy benefactor donates a large parcel of land to a local town with a deed specifying that the land must always be maintained as a public library. Years later, the town council decides to sell the land to a private developer who plans to build condominiums. Because the town violated the condition that the land must remain a public library, the benefactor (or their legal heirs) would have the right of entry for condition broken. They could choose to take legal action to reclaim the land, thereby terminating the town's ownership.

• Example 2: Historic Preservation

  An individual sells their historic family estate to a developer, but includes a condition in the deed that the original Victorian-era mansion on the property must never be demolished. The developer agrees to this condition. However, after acquiring the property, the developer finds it more profitable to tear down the mansion and build multiple modern homes. In this scenario, the original seller would have the right of entry for condition broken. They could exercise this right to reclaim the entire property because the developer violated the specific condition regarding the mansion's preservation.

• Example 3: Commercial Property Restriction

  A small business owner sells a commercial building that previously housed their specialized antique shop. To prevent direct competition, they include a condition in the deed that the property cannot be used as an antique shop for a period of 15 years. The new owner initially opens a bookstore. However, five years later, they decide to convert the bookstore into an antique shop, directly competing with the original owner's new location. The original business owner would then have the right of entry for condition broken, allowing them to reclaim the commercial building because the new owner violated the specific restriction on its use.