Also known as:perdurably · perdurability · perpetual · enduring
Written by attorneys · grounded in primary & secondary sources — see below
An estate or interest in land that lasts or endures indefinitely unless otherwise limited by law or agreement.
Sources & Authorities
How it applies
Common Examples
6
Conservation Servitude Endures
Pacific Bank grants a conservation servitude over its riverfront parcel to a land trust. Decades later the bank merges and its successor attempts to revoke the restriction. The court holds the servitude remains in force because the grant created a perdurable burden that runs with the land.
LLC Continues After Member Death
Prime Logistics forms an LLC to operate warehouses. One member dies and her heirs demand dissolution. The operating agreement is silent on duration. The court rules the LLC possesses perdurable existence and continues operating without interruption.
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Uniform Acts
Model Codes
Restatements
Dictionaries
Phoenix Technologies creates a limited partnership to develop software. After the general partner retires the limited partners seek to wind up the entity. The court determines the partnership has perdurable duration and may continue under new management.
Corporation Survives Charter Silence
Progressive Healthcare incorporates without stating a termination date in its articles. Shareholders later attempt to dissolve the company after a market downturn. The court finds the corporation possesses perdurable duration by default and rejects the dissolution effort.
Taking Creates Enduring Public Interest
The city condemns waterfront land for a public park under its eminent-domain power. Former owners later claim the public use has ended and seek return of the property. The court holds the city's interest is perdurable once the taking is completed for a valid public purpose.
Kelo, et al. v. City of New London545 U.S. 469, 503 (2005)
Compensation Reflects Perpetual Loss
A railroad loses a strip of land to street widening. The city argues compensation should cover only temporary disruption. The court awards damages measured by the full, perdurable diminution in the railroad's property value caused by the permanent taking.
Chicago, Burlington & Quincy Railroad Co. v. City of Chicago166 U.S. 226, 239, 17 S.Ct. 581, 585, 41 L.Ed. 979 (1897)
Common questions
Frequently Asked
5
Does perdurable duration mean an interest can never end?+
No. Perdurable duration means the interest continues indefinitely unless terminated by operation of law, agreement, or other legal mechanism. A conservation servitude remains in force across successive owners because its perdurable character prevents automatic expiration.
Supporting sources
How does perdurable duration affect an LLC after a member dies?+
The LLC continues in existence without dissolution. Its perdurable character supplies ongoing legal personality separate from any individual member, allowing operations to proceed under the remaining members or new management.
Can articles of incorporation override a corporation's perdurable duration?+
Yes. The default rule grants every corporation perdurable duration unless the articles expressly provide a shorter period. When the articles are silent, the corporation continues indefinitely.
Does a perdurable servitude bind future owners who never signed the original grant?+
Yes. Because the servitude is perdurable, the burden runs with the land and binds successors regardless of whether they participated in the original transaction.
What happens when a limited partnership's certificate is silent on duration?+
The partnership possesses perdurable duration by default. It continues as a distinct entity until a lawful event causes dissolution or termination under the statute.
576 U.S. 644 (2015)Legislation and Regulation
…the legal question of same-sex marriage must be addressed. Pp. 10–15. (2) The nature of marriage is that, through its enduring bond, two persons together can find other freedoms, such as expression, intimacy, and spirituality. This is true for all persons, whatever their sexual orientation. There is dignity in the…