What Is Emphyteutic Lease ! Emphyteusis Meaning and Definition

An 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. These sorts of leases are usually associated with government properties.

The Law of Emphyteusis is a right, susceptible of assignment and of descent, charged on productive real estate, the right being coupled with the enjoyment of the property on condition of taking care of the estate and paying taxes, and sometimes the payment of a small rent.

Akin to a system of serfdom, this practice emerged in some South American colonies during the time of colonization. Based on Roman law, the Spanish preserved it and brought it to the colonies. Of Roman origin, the practice of emphyteusis appeared in the early empire and was initially granted by the state for agricultural purposes, or for building on land.

Such a lease involves the dismemberment of a usus, fructus, and abusus to an emphyteutic lessee, and typically includes:

An immovable;
Right to make full use of immovable;
A term stipulated in the agreement; and
Obligation to make improvements that durably increase the value of the land, which will belong to land owner at the end of emphyteusis.

Emphyteusis is typically created for a term of 10 - 100 years. When an emphyteutic lease ends, the owner regains real rights of usus, abusus, and fructus to the immovable.

Emphyteusis Meaning and Definition

A real right, susceptible of assignment and of descent, charged on productive real estate, the right being coupled with the enjoyment of the property on condition of taking care of the estate and paying taxes, and sometimes a small rent