Emphytensis (ἐμφύτενσις) is a contract by which the beneficial ownership of real property is transferred by the proprietor to another, either for a term of not less than ten years, or for a life or lives, or in perpetuity, in consideration of an annual payment. It differs from letting in that it applies only to real property, and must last for at least ten years; while in letting only the use and enjoyment of produce is transferred. It is unlike feudal tenure in that it requires periodical payment, not personal service.
Ecclesiastical emphytensis is a contract by which property belonging to a church, monastery, or other religious foundation, is granted. It requires the assent of the bishop, and must be for the benefit of the body granting it. This precaution is taken to check the alienation of church property. SEE ALIENATION.