Also known as: durations
Written by attorneys · grounded in primary & secondary sources — see below
The period of time during which a legal interest, relationship, or obligation continues or remains in effect. The period may be fixed in advance, measured by a life or lives, tied to the occurrence of a specified event, or left indefinite or perpetual.
Dominic Drake conveyed land to Daphne Doyle by deed stating that she could occupy the parcel until the adjacent highway project reached final completion. The project was certain to finish but had no fixed calendar date. When the highway authority later certified completion, Daphne's interest ended automatically even though she remained alive.
Darius Dixon orally agreed to rent warehouse space from Dixon Foods for eleven months. Because the agreed term did not exceed the one-year limit in the controlling statute of frauds, the landlord-tenant relationship formed without a writing. Dixon Foods later attempted to terminate early, but the lease remained enforceable for the full eleven months.
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Dominion Capital recorded a declaration imposing a single-family-use restriction on every lot in a new subdivision. The declaration stated that the restriction would run with the land. Because the servitude was created by deed in the same manner as a fee simple estate, it satisfied the formal requirements for an interest of like duration.
The President attempted to fill a vacant agency post by recess appointment while the Senate conducted only pro forma sessions every three days. Because the Senate had not formally declared a recess, the appointment window never opened and the nominee could not take office without Senate confirmation.
Deborah Dunn sought equitable division of assets after filing for divorce from Dwight Dorsey. The court weighed the twenty-three-year length of the marriage, along with other statutory factors, when apportioning the couple's retirement accounts and real estate.
Dynamic Solutions filed articles of organization that contained no provision limiting the company's life. Under the governing statute the limited liability company therefore possessed perpetual duration and continued in existence after the death or withdrawal of any member.
An oral lease satisfies the statute of frauds when its stated duration does not exceed the period the controlling statute permits for unwritten agreements. If the agreed term is longer, the lease is unenforceable unless reduced to a signed writing that identifies the parties, premises, duration, and rent.
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An interest measured by a human life fails to qualify as a life estate when the deed or conveyance also imposes a fixed or computable termination date. The added calendar limit means the interest ends on that date or on the measuring life's earlier death, whichever occurs first, converting the grant into a term of years.
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Yes. Under the Model Business Corporation Act and the Uniform Limited Liability Company Act, every corporation and LLC possesses perpetual duration unless the articles or operating agreement expressly provide a shorter term. Shareholders and members therefore hold no vested right to a limited duration.
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Courts must consider the duration of the marriage as one statutory factor when apportioning marital assets. A longer marriage typically supports a more equal division because it reflects greater contributions and expectations built over time.
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