reentry

reentry (deeds)

Sometimes called the power of termination, or the right of entry, it is the retained right of a grantor who conveys property subject to a condition to subsequently enter and retake the property when the condition has been broken. An example would be a deed to the city of particular land “on condition that it be used for a school and for no other purposes.”If the city uses the property for something else, the land does not automatically go back to the grantor,but the grantor has the right to retake the property—the right of reentry—should the grantor choose to do so.

• Even if the grantee or subsequent purchasers mortgage the property, the grantor still has the right to reenter and regain the property free and clear of any liens or claims, including the mortgage.

• The right of reentry can be exercised only by the grantor and his or her heirs, but not by third parties such as creditors of the grantor.

• Some states hold that the right cannot be transferred to others by the grantor during his or her lifetime.

• Some states require the holder of a right of reentry to file a statement in the real estate

records regarding that specific right, rather than simply rely on deed language as sufficient notice to the world.

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reentry (leases)

The right of a landlord to enter premises upon a breach and retake possession. Contrast with reversion, which is the right the landlord has in premises at the expiration of a lease.