Legal Definition and Related Resources of Condition Subsequent

In real estate law, one that operates upon an estate conveyed or gifted and renders it liable to be defeated for breach in which event the estate conveyed or gifted reverts to the grantor . See Monawa Tribe No. 352 I.O.R.M. v Wiley, 142 N.E.2d 488, 127 Ind.App. 660. It is a condition annexed to an estate already vested, by performance of which such estate is kept and continued, and by failure or nonperformance of which it is defeated. See McGinnis v Enslow, 82 S.E.2d437,140 W. Va. 99. In relation to contracts, a condition subsequent is one which by its express terms provides for ipso facto cancellation upon the happening or non-occurrence of a stipulated event or condition. It is a condition referring to a future event upon the happening of which the obligation under the contract becomes no longer binding upon the other party , if he choses to avail himself of the condition. See McGinnis v Enslow, ( supra .). Also see Hershev v Carter, 137 N. Y.S.2d207.

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Condition Subsequent in Historical Law

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Condition Subsequent

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See Also

• See condition.

Concept of Condition Subsequent in the context of Real Property

A short definition of Condition Subsequent: A condition following an agreement, the happening of which changes the estate.

Concept of Condition Subsequent in the context of Real Property

A short definition of Condition Subsequent: A condition following an agreement, the happening of which changes the estate.