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Emphyteusis (Greek: implanting) is a contract for land that allows the holder the right to the enjoyment of a property, often in perpetuity, on condition of proper care, payment of tax and rent. The right encompasses assignment and of descent.


History

Emphyteusis originated in
Ancient Greece Ancient Greece ( el, Ἑλλάς, Hellás) was a civilization belonging to a period of History of Greece, Greek history from the Greek Dark Ages of the 12th–9th centuries BC to the end of Classical Antiquity, antiquity ( AD 600). This era wa ...
. In the early
Roman Empire The Roman Empire ( la, Imperium Rōmānum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican Republican can refer to: Political ideology * An advocate of a republic, a type of governme ...

Roman Empire
it was initially granted by the state for the purposes of
agriculture Agriculture is the science, art and practice of cultivating plants and livestock. Agriculture was the key development in the rise of sedentary Image:Family watching television 1958.jpg, Exercise trends, Increases in sedentary behaviors su ...

agriculture
or development. In essence it was a long-term lease of an imperial domain for a rental in kind. The title existing before ''emphyteusis'' was ''ius in agro vectigali''. The ''emphyteusis'' gave the lease-holder (''emphyteuta'') rights similar to those of a proprietor, although the real owner remained the person to whom the rent (''canon'' or ''pensio'') was paid. The tenant gained most of the rights of the owner. Accordingly, he could maintain ''actio vectigalis in rem'' against any one to recover possession of the land thus leased. Under certain circumstances, the land returned to the owner, as in the case of the death of the ''emphyteuta'' intestate, non-payment of the rent or taxes for three years (or two years in case of land held of the
Church Church may refer to: Religion * Church (building) A church building, church house, or simply church, is a building used for Christian worship services and other Christian religious activities. The term is usually used to refer to the p ...
), lapse of time if a term was fixed in the original agreement, ''contractus emphyteuseos'', which was a specific contract and neither an ordinary lease nor a sale. The rights of the ''emphyteuta'' embraced the full use of the land and its products and were alienable and transferable by testament or ''ab intestato''. ''Emphyteusis'' is still in use in countries such as Sri Lanka, Germany,
Canada Canada is a country in the northern part of North America North America is a continent A continent is any of several large landmasses. Generally identified by convention (norm), convention rather than any strict criteria, ...

Canada
,
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country A country is a distinct territorial body or political entity A polity is an identifiable political entity—any group of people who ...

Portugal
,
France France (), officially the French Republic (french: link=no, République française), is a transcontinental country This is a list of countries located on more than one continent A continent is one of several large landmasses ...

France
,
Italy Italy ( it, Italia ), officially the Italian Republic ( it, Repubblica Italiana, links=no ), is a country consisting of a peninsula delimited by the Alps The Alps ; german: Alpen ; it, Alpi ; rm, Alps; sl, Alpe ) are the highest ...

Italy
, and
Malta Malta ( , , ), officially known as the Republic of Malta ( mt, Repubblika ta' Malta ) and formerly Melita, is a Southern European island country consisting of an archipelago in the Mediterranean Sea. It lies south of Italy, east of Tunisi ...

Malta
and, until relatively recently, in
Scotland Scotland ( sco, Scotland, gd, Alba Alba (Scottish Gaelic Scottish Gaelic ( gd, Gàidhlig or Scots Gaelic, sometimes referred to simply as Gaelic) is a Goidelic language (in the Celtic languages, Celtic branch of the Indo-European ...

Scotland
.


See also

*
Ground rent Ground may refer to: * Soil Surface-water- gley developed in glacial till, Northern Ireland.">Northern_Ireland.html" ;"title="glacial till, Northern Ireland">glacial till, Northern Ireland. Soil is a mixture of organic matter, minerals, ga ...
*
Emphyteutic leaseAn emphyteutic lease is a type of real estate contract specifying that the lessee must improve the property with construction. The term is commonly used in Quebec and France. These sorts of leases are usually associated with government properties. ...
*
Leasehold estate A leasehold estate is an ownership Ownership is the state or fact of exclusive right In Anglo-Saxon law Anglo-Saxon law (Old English Old English (, ), or Anglo-Saxon, is the earliest recorded form of the English language English i ...
*
Perpetual usufruct Perpetual usufruct (right of perpetual usufruct Usufruct () is a limited real right (or ''in rem'' right) found in civil-law and mixed jurisdictions that unites the two property interests of ''usus'' and ''fructus'': * ''Usus'' (''use'') is ...


References

Civil law (legal system) Real property law {{law-stub