In the Roman and civil law. A contract by which a landed estate wasleased to a tenant, either in perpetuity or for a long term of years, upon the reservationof an annual rent or canon, and upou the condition that the lessee should improve theproperty, by building, cultivating, or otherwise, and with a right in the lessee to alienthe estate at pleasure or pass it to his heirs by descent, and free from any revocation.re-entry, or claim of forfeiture on the part of the grantor, except for non-payment of therent. Inst. 3. 25, 3; 3 Bl. Comm. 232; Maine, Anc. Law, 2S9.The right granted by such a contract, (jus emphytcuticum, or emphytcuticarium.)The real right by which a person is entitled to enjoy another’s estate as if it were hisown, and to dispose of its substance, as far as can be done without deteriorating it.Mackeld. Rom. Law,
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