Condition subsequent refers to an event or state of affairs that brings an end to something else. A condition subsequent is often used in a legal context as a marker bringing an end to one's legal rights or duties. A condition subsequent may be either an event or a state of affairs that must either (1) occur or (2) fail to continue to occur.

Examples

A condition subsequent may be either an event or a state of affairs that must either (1) occur or (2) fail to continue to occur.

An example of the first, a condition that must occur to bring an end to something else:

• "When I run out of fuel, the fire will die down."

An example of the second, a condition that must fail to occur to bring an end to something else:

• "So long as I have fuel, the fire will continue."

In both cases, running out of fuel is a condition subsequent to the continuance of the fire.

In contract law

In contract law:

A contract

Contract

A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...

 may be frustrated

Frustration of purpose

In the law of contracts, frustration of purpose is a defense to enforcement of the contract. Frustration of purpose occurs when an unforeseen event undermines a party's principal purpose for entering into a contract, and both parties knew of this principal purpose at the time the contract was made...

 on the occurrence of a condition subsequent: in a contract to provide a music hall for a musical performance, the burning down of the music hall may frustrate the contract and automatically bring it to an end. Taylor v Caldwell 3 B. & S. 826, 122 Eng. Rep. 309 (1863)

In property law

In property law

Property law

Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...

:


Main Article: Fee simple subject to condition subsequent

A right in land may be cut off by a condition subsequent. When land rights are subject to a condition subsequent, this creates a defeasable fee called a Fee simple subject to condition subsequent.

In such a fee, the future interest is called a "right of reentry" or "right of entry

Right of entry

Right of entry refers to one's right to take or resume possession of land, or the right of a person to go onto another's real property without committing trespass. It also refers to a grantor's power to retake real estate from a grantee in the case of a fee simple subject to condition subsequent....

."
There, the fee simple subject to condition subsequent does not end automatically upon the happening of the condition, but if the specified future event occurs, the grantor has a right to retake his property (as opposed to it reverting to him automatically). Again, the right of entry is not automatic, but rather must be exercised to terminate the fee simple subject to condition subsequent. To exercise right of entry, the holder must take substantial steps to recover possession and title

Title (property)

Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership...

, for example, by filing a lawsuit.

One of the languages used to create a fee simple subject to condition subsequent and a right of entry is "to A, but if A sells alcohol on the land, then grantor has the right of reentry."

Common uses include language such as "may", "but if", "however", or "provided that..."

Compared to Condition Precedent

In comparison, a condition subsequent brings a duty to an end whereas a condition precedent

Condition precedent

Condition precedent refers to an event or state of affairs that is required before something else will occur. In contract law, a condition precedent is an event which must occur, unless its non-occurrence is excused, before performance under a contract becomes due, i.e., before any contractual...

 initiates a duty.

See also

• Condition precedent
  Condition precedent
  Condition precedent refers to an event or state of affairs that is required before something else will occur. In contract law, a condition precedent is an event which must occur, unless its non-occurrence is excused, before performance under a contract becomes due, i.e., before any contractual...
  
  
• Necessary condition
• Sufficient condition