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.
Emphyteusis originated in
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
The Roman Empire ( la, Imperium Rōmānum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican
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it was initially granted by the state for the purposes of
Agriculture is the science, art and practice of cultivating plants and livestock. Agriculture was the key development in the rise of sedentary
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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
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* 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,
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Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country
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France (), officially the French Republic (french: link=no, République française), is a transcontinental country
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and, until relatively recently, in
Scotland ( sco, Scotland, gd, Alba
Alba (Scottish Gaelic
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Ground may refer to:
Surface-water- gley developed in glacial till, Northern Ireland.">Northern_Ireland.html" ;"title="glacial till, Northern Ireland">glacial till, Northern Ireland.
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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.
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
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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 ...
Civil law (legal system)
Real property law