Reentry | Propertylogy


By on August 20, 2018

Reentry in real estate refers to the owner’s right of entry and retake possession of the property when there is a breach of contract.

It can occur both in the form of:

  1. Deeds
  2. Leases

For example, when a grantor conveys a deed to another party with conditions that the property should be used for a specific purpose, the grantor has the right to retake possession of the property (power of termination) should it be found that the property is used for other purposes.

While the grantor will have this right, whether to act on it is another matter altogether.

It is important to note that even of the grantee has taken a mortgage on the property, resulting in a lender placing a lien on it, in the event of re-entry, the original grantor will regain the property free of liens.

Should conditions be broken and the grantor chooses not to take action, creditors of the grantor cannot enforce his rights of reentry and take possession of the property to repay debts.

In terms of leases, reentry refers to the right of the landlord to enter the premises to retake possession when there is a breach of contract.

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