Emphyteutic refers to something that is held under a land lease agreement known as emphyteusis.
Emphyteutic is a legal term that pertains to something based on, arising from, or possessing the qualities of an emphyteusis. It is used to describe something that is held under an emphyteusis, such as a long-term lease of land in civil law. In this arrangement, the lessee, known as the emphyteuta, has the right to use and cultivate the land for a fixed period of time, typically 99 years. The emphyteuta must pay an annual rent to the lessor, or dominus, and is responsible for property maintenance and taxes. The emphyteutic rights of the emphyteuta are similar to those of a property owner, but they are limited by the terms of the lease. This example illustrates how emphyteutic is used in the context of an emphyteusis, demonstrating its relationship to the legal concept of a long-term land lease.
An emphyteutic lease is a long-term lease agreement where the lessee is granted the right to use and enjoy a property for a specified period, usually for several decades or even centuries.
Unlike a regular lease, an emphyteutic lease grants the lessee more extensive rights, including the ability to make improvements on the property and even transfer the lease to another party.
In general, the lessor cannot terminate an emphyteutic lease before its expiration, unless the lessee breaches the terms of the lease or fails to pay the agreed-upon rent.
Yes, the lessee can sell or transfer their rights under an emphyteutic lease, subject to any restrictions or conditions specified in the lease agreement.
At the end of an emphyteutic lease, the property and any improvements made by the lessee typically revert back to the lessor, unless otherwise specified in the lease agreement.
In most cases, the lessee is allowed to sublease the property to another party, subject to any restrictions or conditions outlined in the emphyteutic lease.
Yes, the lessee is generally allowed to make modifications or improvements to the property during the term of the emphyteutic lease, as long as they comply with any applicable laws and regulations.
Typically, the lessee is responsible for paying property taxes and maintenance costs during the term of the emphyteutic lease, unless otherwise specified in the lease agreement.
In general, the lessor cannot unilaterally increase the rent during the term of the emphyteutic lease, unless there is a provision in the lease agreement allowing for rent adjustments.
Yes, an emphyteutic lease can be terminated early if both the lessor and lessee mutually agree to terminate the lease before its expiration date. However, this would typically require a formal written agreement between the parties.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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