"In perpetuity" refers to a condition of indefinite duration, without end. In legal contexts, it often describes something that is to continue forever or for an indefinite period, such as an easement on property or rights granted in a contract.
The concept is used to signify that an agreement, contract, or condition will last for an unlimited time, without expiration.
In perpetuity arrangements are common in copyright law, where they may govern the use of intellectual property, and in real estate, where perpetual easements may grant rights of use over property indefinitely.
The term can also appear in agreements related to trusts and royalties, ensuring ongoing benefits for the recipients.
Copyright Law: Copyrights granted "in perpetuity" may indicate rights that extend beyond the usual term of copyright protection.
Real Estate Law: Refers to permanent property rights, such as perpetual easements granting access or utility rights across a property.
Many believe that "in perpetuity" means that terms cannot be altered or revoked. While it does indicate an indefinite duration, certain in perpetuity rights or agreements can be modified or extinguished under specific conditions, such as mutual agreement of the parties or changes in law.
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Wayne State University School of Law
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