Superficiary

Superficiary refers to a legal concept primarily found in civil law jurisdictions, relating to rights over land. It describes a right that is similar to ownership but is limited to the surface of the land. A superficiary typically owns or has the right to build and own structures on the surface of another person's land, while the underlying land itself remains the property of the landowner. This right is often established by contract or law and can be for a fixed term or perpetual.

The superficiary enjoys rights of use and enjoyment over the surface, including the ability to construct buildings, cultivate the land, or extract resources up to the surface. However, the landowner retains ownership of the subsoil and any resources beneath the surface that are not part of the superficiary's rights. This division of rights allows for efficient use of land, where one party can develop the surface while another retains ownership of the underlying ground.

The nature and extent of superficiary rights are usually detailed in the legal instrument creating them. This can include provisions for rent or payment to the landowner, the duration of the right, and any restrictions on its use. Upon the termination of the superficiary right, ownership of any structures built on the surface typically reverts to the landowner, unless otherwise agreed. This legal arrangement distinguishes itself from full ownership by separating the ownership of the surface from the ownership of the subsoil.