Condition Subsequent (US) | Practical Law

Condition Subsequent (US) | Practical Law

Condition Subsequent (US)

Condition Subsequent (US)

Practical Law Glossary Item w-030-1053 (Approx. 2 pages)

Glossary

Condition Subsequent (US)

In the oil & gas lease context, a specified event that creates a right of reentry in the lessor by occurring. If the lessee breaches a condition subsequent, the lease does not automatically terminate. The lessor instead must make an affirmative act of reentry to do so. When there has been a breach of a condition subsequent, the lessor must elect between seeking damages or forfeiture. This is distinguished from a special limitation and a covenant.