civil law. The name of a contract by which the owner of an
uncultivated piece of land granted it to another either in perpetuity, or
for a long time, on condition that he should: improve it, by building,
planting or cultivating it, and should pay for it an annual rent, with a
right to the grantee to alienate it, or transmit it by descent to his
heirs, and under a condition that the grantor should never re-enter as long
as the rent should be paid to him by the grantee or his assigns. Inst. 3,
25, 3. 18 Toull. n. 144.
2. This has a striking resemblance to a ground-tent. (q. v.). See Nouveau
Denisart, mot, Emphyteose, Merl. Reper. mot Emphyteose, Faber, De jure
emphyt. Definit. 36, Code, 4, 66, 1.
Source: Bouviers Law Dictionary 1856 Edition
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