Superficiarius

Superficiarius is a Latin term that refers to a legal concept related to property law, specifically concerning the right to use and enjoy land owned by another person for a defined period. This right is often granted through a contract called a superficiary contract. The superficiarius, or the holder of this right, can construct buildings or other structures on the land and own them, even though they do not own the land itself. Ownership of the building and the ownership of the land remain separate.

The superficiary right is a limited real right, meaning it is a right attached to a specific piece of property and is enforceable against third parties. It is distinct from outright ownership, which grants full control and possession of the land. The duration of the superficiary right is typically fixed, and upon its expiry, any buildings or structures erected by the superficiarius usually revert to the landowner, unless otherwise agreed upon in the contract. This concept is found in civil law jurisdictions and has historical roots in Roman law, where it evolved to facilitate development on land without requiring the landowner to invest their own capital. It is a mechanism that allows for the separation of land ownership from building ownership, encouraging economic activity and land utilization.