Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    (Roman Law) A sort of lease, usually forever, providing for the improvement of the property and an annual rent. Emphyteuta. A tenant holding by emphyteusis.

  • Black's Law Dictionary: 2nd Edition

    In the Roman and civil law. A contract by which a landed estate was leased to a tenant, either in perpetuity or for a long term of years, upon the reservation of an annual rent or canon, and upon the condition that the lessee should improve the property, by building, cultivating or otherwise, and with a right in the lessee to alien the estate at pleasure or pass it to hls heirs by descent, and free from any revocation, re-entry or claim of forfeiture on the part of the grantor, except for non-payment of the rent. Inst. 3, 25, 3; 3 Bl. Comm. 232; Maine, Anc. Law, 289. 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. Mackeld. Rom. Law, ยง 326.