Eminent property

The eminent property , also called key field, is a form of rights of Propriété in Droit seigneurial.

A person or an institution having the eminent property of a ground means that it has this one in a titular way by having rights, generally regulated, corresponding to this property but that it does not exploit it itself. It is the case of the land seigniory of the campaigns and the cities to the traditional Middle Ages, or of the Spanish crown on the American grounds at the time modern.

The property (or the field) eminent is opposed to the field (or the property) useful which is the whole of the rights of that which exploits the bottom and which collects the fruits of them.

The eminent property of a field corresponds more to that, currently, of a commune compared to an owner, that with that of an owner compared to a tenant or with a farmer. Indeed, the eminent owner has neither the possibility of taking again the useful field, neither that to increase the taxable quota by them, nor that of improving (it is the censitaire which builds); On its side, the holder of the field useful for the possibility of renting it or of selling it.

The statute of the nobility prohibited to retain the useful field, i.e. to exploit it directly for oneself, except the part of the principal field called " reserve seigneuriale". To derogate from this statute made lose the quality of noble. It is because of this rule which prohibited noble from competing with the nonnoble ones in their field, that the system latifondiaire very early disappeared in France.

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