Legal Definitions - in perpetuity

The legal term in perpetuity means forever, or for an indefinite period that has no end. When a right, obligation, or condition is established "in perpetuity," it is intended to last permanently, without a specified expiration date or termination point.

Here are some examples to illustrate this concept:

• Charitable Endowment: A wealthy donor establishes a fund for a university, stipulating that the principal amount of the donation must be held in perpetuity. Only the investment income generated from this fund can be used each year to provide scholarships for students.

  This demonstrates "in perpetuity" because the core capital of the endowment is meant to remain untouched and continue generating income forever, ensuring a permanent and ongoing source of funding for scholarships without ever depleting the original gift.

• Property Easement: A landowner sells a parcel of land that is surrounded by their remaining property, making it landlocked. To ensure the new owner can access their property, the original landowner grants a permanent right-of-way (an easement) across their remaining land for a driveway. This easement is granted in perpetuity.

  In this context, "in perpetuity" signifies that the right to use that specific driveway is permanent. It does not expire after a certain number of years, nor does it terminate if either property is sold; it remains a perpetual right attached to the land itself, binding all future owners.