Legal Definitions - right of reentry

A right of reentry is a legal power reserved by a grantor (the person transferring property) or a landlord, allowing them to reclaim possession of property if a specific condition or covenant outlined in the deed or lease agreement is violated by the grantee (the person receiving the property) or tenant.

This right is not automatic; the grantor or landlord must take active steps to exercise it, typically by providing notice and initiating legal proceedings to regain control of the property. It essentially allows the original owner to terminate the interest of the current holder due to a breach of a specified term.

• Example 1: Residential Lease Violation

  Imagine a landlord leases an apartment to a tenant. The lease agreement explicitly states that the tenant is not permitted to have pets on the premises. If the tenant later brings a dog into the apartment, violating this specific clause, the landlord would have a right of reentry. This means the landlord can initiate legal proceedings, such as an eviction notice, to terminate the lease and retake possession of the apartment due to the tenant's breach of the "no pets" covenant.

• Example 2: Conditional Land Grant

  Consider a situation where a wealthy philanthropist donates a large parcel of land to a local university. The deed transferring the land includes a condition that the property must always be used for educational purposes and never for commercial development. If, years later, the university decides to sell a portion of the land to a private developer to build a shopping center, the philanthropist (or their heirs), as the original grantor, would have a right of reentry. This allows them to legally reclaim the land because the university violated the specific condition regarding its use.

• Example 3: Commercial Property Use

  A shopping mall owner leases a retail space to a tenant for the purpose of operating a bookstore. The lease agreement contains a clause stating that the tenant must continuously operate a bookstore and cannot convert the space to any other type of business without the landlord's prior written consent. If the tenant decides to close the bookstore and instead opens a fast-food restaurant in the same space without obtaining the mall owner's approval, the mall owner would have a right of reentry. This enables the mall owner to terminate the lease and take back the commercial unit due to the tenant's failure to adhere to the agreed-upon use of the premises.