However, to take possession of the land, the transferor must actually enter it and declare the prior possessor’s claim void. A grantor who fails to enter within a reasonable time is later barred by laches.
Alienability This future interest is devisable and inheritable but cannot be transferred inter vivos (majority rule).
Public Policy Rights of entry are not favored by courts, and unless expressly reserved will not be allowed. If at all possible, courts will try to construe the grant otherwise (i., restrictive covenant).
D. Legislation Rights of entry and possibilities of reverter are presently limited by statute. States have taken the following approaches.
Some limit the permissible duration of these interests.
Some require the holders of these interests to rerecord them periodically.
Some only allow equitable remedies such as injunction, but do not permit forfeiture.
Some adopt the approach taken in (3) above, but hold that the restrictive covenant is unenforceable if neighborhood conditions sufficiently change.