EMPHYTEUSIS AND SUPERFICIES

in Roman law, leases granted either for a long term or in perpetuity with most of the rights of full ownership, the only stipulation being that an annual rent be paid and certain improvements made to the property. Both originated in the early empire and were initially granted by the state, the former for agricultural purposes, the latter for building on land. The main purpose was to encourage individuals to develop land without the threat of removal once the development was finished. Even before the time of Hadrian (early 2nd century AD) the rights of emphyteusis and superficies began to be granted by private persons. They could be inherited, were transferable, and were protected in the courts. The basic principles and form of emphyteusis and superficies have survived in modern times in many civil-law countries.