What condition attached to an estate results in it being defeated due to non-performance?

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The condition that results in an estate being defeated due to non-performance is the condition subsequent. A condition subsequent is a specific type of clause or condition placed in a deed or agreement that allows the estate to be terminated if a certain event occurs or a condition is not met after the estate has already been granted.

For instance, if someone is granted property on the condition that they do not engage in specific activities (like selling alcohol on the premises), and they do engage in those activities, the estate can revert back to the original grantor or be terminated based on that breach. This differs from a condition precedent, which must be satisfied before the estate becomes valid or takes effect. A reversion refers to the reversion of property back to the original owner or their heirs after the end of a life estate or lesser estate, rather than being dependent on an action or inaction after the estate has been transferred. Meanwhile, a contingency refers to a condition within a contract related to certain events, often in real estate transactions, which must occur for the contract to be fully executed, but it does not function the same way as a condition subsequent in terms of terminating an estate.

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