Also known as:perpetuity · perpetual · forever · in perpetuum
Written by attorneys · grounded in primary & secondary sources — see below
A duration that continues indefinitely without any fixed termination date.
Sources & Authorities· 12 primary sources
Select any source to read its text and confirm it supports the definition.
Statutes
Uniform Acts
How it applies
Common Examples
6
Conservation Servitude on Farmland
Infinity Bank donates a conservation easement over its rural acreage to a land trust. The easement restricts development forever. Because the servitude is a conservation servitude, its duration runs in perpetuity and binds all future owners without any time limit.
LLC Formed for Ongoing Operations
Idris Ives and Ines Ibarra form Ideal Solutions LLC to manage commercial properties. The operating agreement contains no duration clause. The company therefore possesses perpetual duration and continues after the founders' deaths or withdrawals.
Imran Iyer creates Island Manufacturing LP to hold industrial facilities. The certificate states no termination date. The partnership therefore has perpetual duration and survives changes in partners or management.
Corporation Without Time Limit
Indigo Textiles incorporates under the Model Act. Its articles omit any provision limiting existence. The corporation therefore possesses perpetual duration and may continue operations indefinitely under its corporate name.
Eminent Domain Taking for Public Use
The city condemns waterfront parcels owned by Iris Irons for redevelopment. The taking transfers fee title that the city may hold and use in perpetuity for the approved public project.
Kelo, et al. v. City of New London545 U.S. 469, 503 (2005)
Landmark Preservation Restriction
Penn Central's terminal is designated a landmark. The designation imposes restrictions that run in perpetuity and limit alterations to the structure regardless of ownership changes.
Penn Central Transportation Co. et al. v. New York City438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)
Common questions
Frequently Asked
4
Does a conservation servitude automatically last forever?+
Yes. A conservation or preservation servitude is perpetual by rule.
Supporting sources
What is the default duration of an LLC?+
An LLC has perpetual duration unless its governing documents state otherwise.
Supporting sources
Can a limited partnership dissolve automatically after a set time?+
No. A limited partnership has perpetual duration by default.
Supporting sources
Must corporate articles specify perpetual existence?+
No. Every corporation has perpetual duration unless its articles provide a shorter period.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…to be sealed. The President has then done with it; it becomes irrevocable. An appointment of a judge once completed is made forever. The requisites to be performed by the Secretary are ministerial ascertained by law and he has no discretion. In contemplation of law they are as if done. These justices exercise part of…