right of entry
A right of entry is a future interest in property created and retained by the grantor of a fee simple subject to a condition subsequent (See also fee simple). When granting a fee simple subject to a condition subsequent, as opposed to a fee simple absolute, the grantor specifies a condition that will allow them to reclaim ownership of the property from the grantee if it occurs. While the condition is unmet, the grantor’s retained interest in the property is called a right of entry. The holder of a right of entry must take action to reclaim possession of the property after the specified condition is met; otherwise, possession will remain with the grantee. A right of entry is sometimes also called a right of reentry or power of termination.
A fee simple subject to a condition subsequent and corresponding right of entry are created by grants that use conditional language, such as “but if” or “provided that.”
For example, “O grants Blackacre to B provided that it is used as a museum.” O has granted B a fee simple subject to a condition subsequent, and O has retained a right of entry. Should B stop using Blackacre as a museum, O can take action to reclaim the property.
A right of entry is similar to, but distinct from, a possibility of a reverter or an executory interest. While a right of entry requires the holder to take action to reclaim the property after the specified condition is met, a possibility of a reverter returns ownership of the property automatically. Meanwhile, an executory interest is bestowed upon a third party instead of retained by the original grantor and operates automatically, like a possibility of a reverter.
[Last reviewed in June of 2025 by the Wex Definitions Team]
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