Emphyteusis

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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 a small rent.

A system of serfdom, seen in practice in South American colonies during the time of colonization. Based on Roman law, the Spanish preserved it and brought it to the colonies.

Roman origination was in the early empire and was initially granted by the state, for agricultural purposes, or for building on land.

The dismemberment of a usus, fructus, and abusus to an emphyteutic lessee, but must include: 1- An immovable 2- Right to make full use of immovable 3- A term stipulated in the agreement 4- 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 for a term of 10 - 100 years

When the emphyteutic lease ends, the naked owner regains real rights of usus, abusus, and fructus to the immovable.