Emphyteusis - Definition - Law Dictionary Home Dictionary Definition emphyteusis

Definition :

Emphyteusis, the jus emphyteuticarium, or as it is more generally called, emphyteusis, was the right of enjoying all the fruits, and disposing at pleasure of the property of another, subject to the payment of a yearly rent (pensio or canon) to the owner. Formerly the lands of the Roman municipalities, or of the college of priests, used to be let for different terms of years, sometimes for a short term, such as five years, sometimes for a term amounting almost to a perpetuity, under the name of agri vectigales (Gai. iii. 145). Afterwards the lands of private individuals were let in a similar manner, and were also comprehended under the term agri vectigales. The emperors let their patrimonial lands in a similar way, and these lands so let were termed emphyteuticarii (C. xi. 58, 61), a name arising from there being a new ownership, or what almost amounted to an ownership, engrafted on the real dominion. Either shortly before or in the time of Justinian, the two rights, that of the ager vectigalis and that of emphyteusis, were united under the common name of emphyteusis, and subjected to particular regulation. Both lands and buildings could be subjected to emphyteusis (Nov. vii. 3, 1, 2). The emphyteuta, as the person who enjoyed the right was termed, besides enjoying all the rights of usufruct could dispose of the thing, or rather of his rights over it, in any way he pleased (Nov. vii. 3, 2); he could create a servitude over it or mortgage it (D xiii. 7, 16, 2); he had a real action (which, however, was said to be a utilis vindicatio, because he was not the owner but only in the plae of one) to defend or assert his rights, which at his death went to his heirs (Nov. vii. 3).

He was obliged to pay his pensio under any circumstances, whether he actually benefited by his emphyteusis or not, because the payment of rent was an acknowledgment of the title of the dominus. He was also bound to use the thing over which his right extended, so that it was not deteriorated in value at the time his right expired (Nov. vii. 3, 2), Sand. Just., 7th Edn., p. 134, 371.

A hereditary lease hold; a narrower's right to use land in perpetuity; subject to forfeiture for non-payment of a fixed rent or for certain other contingencies. Black's Law Dictionary, 7th Edn., p. 542.