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Simple English definitions for legal terms
right of reentry
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A quick definition of right of reentry:
Right of reentry: A right that a person has to take back their property if the person they gave it to breaks a certain rule or condition. This is called a "condition subsequent." The person who gave the property keeps this right until they choose to use it. It is also called a "power of termination" or a "right of entry for breach of condition." This is different from a "possibility of reverter," which is a future interest that automatically goes back to the person who gave the property if a certain condition is broken.
A more thorough explanation:
The right of reentry, also known as power of termination, is 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.
For example, if a landlord grants a tenant a lease for a property with a condition that the tenant must not sublet the property, the landlord retains the right of reentry. If the tenant breaches the condition by subletting the property, the landlord can exercise the right of reentry and terminate the lease.
The right of reentry is different from the possibility of reverter, which is a future interest that a grantor retains after conveying a fee simple determinable. In this case, the grantee's estate automatically terminates upon the occurrence of a specified event.
Overall, the right of reentry gives the grantor the power to terminate the grantee's estate if a condition is breached, but only if the grantor chooses to exercise this right.