Emphyteusis
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Script error: No such module "Lang". (Greek, 'implanting') or emphyteutic lease is a contract for land that allows the holder the right to the enjoyment of a property, often in perpetuity, on condition of proper care, payment of tax, and rent. This type of real estate contract specifies that the lessee must improve the property for the nation or for its population, for example through construction of a railway service perhaps or by farming the land to create produce, as happened in Mauritius where the population was starving. The term is commonly used in Quebec, Belgium and France and its ex-colonies. This kind of lease is usually associated with government lands or government properties.
History
Script error: No such module "Lang". originated in Ancient Greece.[citation needed] In the early Roman Empire, it was initially granted by the state for the purposes of agriculture or development. In essence, it was a long-term lease of an imperial domain for a rental in kind. The title existing before Script error: No such module "Lang". was Script error: No such module "Lang".. The Script error: No such module "Lang". gave the lease-holder (Script error: No such module "Lang".) rights similar to those of a proprietor, although the real owner remained the person to whom the rent (canon or Script error: No such module "Lang".) was paid. The tenant gained most of the rights of the owner. Accordingly, he could maintain Script error: No such module "Lang". against any one to recover possession of the land thus leased.[1] Under certain circumstances, the land returned to the owner, as in the case of the death of the Script error: No such module "Lang". intestate, non-payment of the rent or taxes for three years (or two years in case of land held of the Church), lapse of time if a term was fixed in the original agreement, Script error: No such module "Lang"., which was a specific contract and neither an ordinary lease nor a sale. The rights of the Script error: No such module "Lang". embraced the full use of the land and its products and were alienable and transferable by testament or Script error: No such module "Lang"..[2]
Script error: No such module "Lang". is still in use in countries such as Sri Lanka,[3] Germany, Belgium, Canada,[4] Portugal,[5] France,[6] Italy,[7] the Netherlands,[8] Malta and Spain[9] and, until relatively recently, in Scotland.[10] Rwanda adopted an emphyteutic leasing system in 2013, offering 99-year leases for agricultural land to its citizens, and 20-year leases for residential land.[11]
See also
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References
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- ^ Page Module:Citation/CS1/styles.css has no content.Poste, Edward (1904). Institutes of Roman Law by Gaius. Clarendon Press. p. 430.
- ^ Page Module:Citation/CS1/styles.css has no content.Berger, Adolf (1953). Encyclopedic Dictionary of Roman Law. French University. p. 452.
- ^ Page Module:Citation/CS1/styles.css has no content."Alfred Fernando v. Julian Fernando" (PDF). repository.ou.ac.lk. Sri Lanka Law Reports. 1987-01-16. Archived (PDF) from the original on 2021-11-28. Retrieved 2022-09-18.
- ^ Page Module:Citation/CS1/styles.css has no content.Agency, Canada Revenue (22 June 2017). "Emphyteutic Leases". aem. Retrieved 2019-06-09.
- ^ Page Module:Citation/CS1/styles.css has no content."Archived copy" (PDF). Archived from the original (PDF) on 2015-08-24. Retrieved 2019-04-05.
{{cite web}}: CS1 maint: archived copy as title (link) - ^ Page Module:Citation/CS1/styles.css has no content.Glock, Stéphane. "REAL PROPERTY LAW PROJECT FRANCE" (PDF).
- ^ Page Module:Citation/CS1/styles.css has no content."Leasehold or Emphyteusis in Italy: What You Should Know". 17 March 2017.
- ^ Page Module:Citation/CS1/styles.css has no content."Ground lease (Erfpacht)".
- ^ Page Module:Citation/CS1/styles.css has no content."emfiteusi". enciclopèdia.cat. Retrieved 29 September 2023.
- ^ Page Module:Citation/CS1/styles.css has no content.Steven, Andrew J M. "REVOLUTION IN SCOTTISH LAND LAW" (PDF).
- ^ Page Module:Citation/CS1/styles.css has no content."Food Security and Land Governance Factsheet - Rwanda" (PDF). LANDac. 2016.
