O's interest, a future interest until the condition is broken, may be called a right of entry right of re-entry or a power of termination . Unlike a Fee Simple Determinable, nothing happens to affect A or his successor's right to possess and enjoy the estate when the residential use ends. O or her successor must act affirmatively to assert her right of re-entry. A fee on condition subsequent can only be followed by a right of re-entry in the transferor and not by any interest in a third party. A right of entry is yet another type of reversionary interest.
Many states require that the transferor use express words to create the right of entry.
Unlike a fee simple determinable, where the possibility of reverter will arise by implication from the words of limitation, courts in these jurisdictions will not imply a right of entry from language of condition alone. Without an expressly created right of entry, A takes a fee simple absolute in these states. Other estates, future interests, and other types of interests in land may be made subject to conditions subsequent with appropriate language. To T, tenant, for 1 year so long as the rent is paid on time, but if T fails to maintain the property in a safe and sanitary condition, L, the landlord, may re-enter and retake this leasehold estate. Go to Top of This Page Introduction Chapter 4.