Emphyteusis

The institution of emphyteusis had roots in an early form of tenure under lease known as ager vectigalis,^[532] whereby the state or a particular community or municipality (municipia) let tracts of agricultural land in perpetuity or for a long term to an individual conditionally on the payment of an annual rent (vectigal).^[533] The holder had a right of possession that was protected against interference from third parties by means of the usual possessory interdicts.

The institution of emphyteusis developed in Egypt and North Africa in the third century adstyle='font-size:9.0pt;line-height:110%;text-transform:uppercase'>. It assumed the form of leasehold in terms of which the emperors or public authorities granted tracts of barren land belonging to the state to active entrepreneurs for long periods with the understanding that the land would be cultivated.^[534] However, the nature of the grantee's interest remained undefined since it was not clear whether he was to be regarded as a purchaser or a lessee. In the fifth century ad, Emperor Zeno ruled that emphyteusis was neither a contract of sale or lease but a contract sui generis (contractus emphyteuticarius) governed by its own rules.^[535] In terms of this contract, a tract of land was granted on a long lease or in perpetuity to an individual as against payment of an annual ‘ground rent' or ‘quitrent' known as canon.^[536] The grantee obtained a real right that could be transferred to his heirs or alienated, subject to the condition that the rent would still be paid. Like the holder of the ager vectigalis, the tenant by emphyteusis (emphyteuta) was entitled to the full use and enjoyment of the land and its products as well as the legal protection of his right by means of an actio in rem?'⁶'²

3.6.2