Emphyteusis

Emphyteom, Emphiteosis. Lat. [from Qr. i^gpvT«^a*ff, from ifupvxe<)sip, to plant, or improve land.] In the ciyil law. An improving lease; a contract (of the class termed consensual,) by which houses or lands are given to be possessed forever, (perpetuo frtienda traduntur), or, at least, for a long time, upon condition that the land sha]! be improved, and that a small yearly rent or pension, {pensio sive redditns,) shall be paid to the proprietor.

InsL 3. 25. 3.

Cooper's Notes, in ioc, Hallifax AnaL b.

2, ch. 18, num. 9.

It is distinguished both from the contract of sale, and the contract of hiring, and rests on its own peculiar covenants. Inst, ub, sup. Calv, Lex. Jurid, It resembles the fee farm and copyhold estates of the English law. See Emphyteuta. The right granted by such a contract, {Jus emphyteuticum, or emphyteuticarium,) The real right by which a person is entitled to enjoy another's estate as if it were his own, and to dispose of its substance, as far as can be done without deteriorating it.

1 Mackeld. Civ, Law, 357, § 324.

An inheritable and transferable real right

which is granted by the proprietor of an estate to another, in consideration of a certain and invariable rent to be paid at the time agreed upon.

Id, 359, Eaufmann's note.

The thing or estate itself, {bonum seu presdium emphyteuticarium,) in which such a right is given.

Id, 356, note.