... de contractu emphyteutico positiones

Emphyteusis is also acquired by the prescription legal acquisition through long-term possession of a very long time. For if anyone has possessed an immovable thing of the Church, the Treasury, or a city as an emphyteuta tenant of an emphyteusis for forty years, or of a private person for thirty years, and has paid the rent Latin: canon to the landlord every year, he has prescribed the emphyteutic right by the tacit consent of the landlord.

Things from the table of the Church could be granted in emphyteusis, provided the solemnities required for the alienation of its goods were observed.

But those ecclesiastical goods that were accustomed to be given in emphyteusis could be granted again if they had returned by any means, following the customary solemnity and manner.

But today, church property is prohibited from being given into emphyteusis indiscriminately.

Nevertheless, by custom fortified by many acts and a very long passage of time, it can be introduced that church property may rightly be given into emphyteusis.

But whether a grant made of ecclesiastical property accustomed to be given in emphyteusis—if not made in the exact manner in which it was accustomed to be done—is entirely invalid, or whether it holds to the extent that it was done according to the customary manner, is a question of great doubt and uncertainty. It is accepted by a more common and truer calculation that it holds to that extent.

Furthermore, there is no doubt that an emphyteusis can be established for a pond with the right of fishing, and for land with trees.

Nor does it matter whether land is given in emphyteusis without trees, or conversely, trees without land.