Decreto et consensu amplissimi Facultatis Iuridicae Ordinis inclyta & celeberrima Basiliensium Academia, pro summo consequendo in Utroque Iure Gradu, Ad subsequentes ex tit. Codicis de Iure Emphyteutico Positiones

And if it happens that the fruits are clearly diminished by this, and the thing becomes the worse for it, it is confirmed by the calculation of many that he cannot.

XVI.
It is no less doubted whether he can impose a servitude A legal burden on property, such as a right of way. on the Emphyteutic land: and it is said more correctly that he can do so, provided it is not to the prejudice of the owner.

XVII.
Furthermore, although useful ownership passes to the tenant, he cannot sell it without requesting the owner; it has, however, more frequently prevailed that he can pledge, donate, or bequeath it.

XVIII.
Indeed, if after requesting the owner (the proof of which, however, lies with the tenant) he receives no answer within the space of two months, the sale will be permitted from then on.

XIX.
Just as if from the beginning it was agreed that it was permitted to alienate it, the consent of the owner is not required, provided that it is done to someone through whom nothing harsher or more burdensome could happen to the owner.

XX.
With the Emphyteusis alienated in this way, the owner ought to receive the new tenant, place him in possession, and subscribe to the instrument; on whose behalf he will receive the fiftieth part of the price in place of fees laudimiorum fees paid to a landlord upon the transfer of property. This I also extend to a donation or a legacy made to a stranger.

XXI.
Finally, from this contract is given an action on the prescribed words A legal action based on the specific facts of the case when no standard contract action applies., or a suit from the law; but sometimes a real action is also given, by reason of the useful ownership, which I said is transferred.