Dominium directum et utile

Definitions

• Dominium directum : the landlord's estate consisting of the right to dispose of property and to collect rents and feudal incidents accruing from it.
• Dominium utile : the tenant's estate encompassing the rights to enjoy, make improvements to, or profit from property, and to keep the income or profit; includes e.g. the right to occupy and dwell on land and the right to keep the fructus naturales and emblements from agriculture.

• The holder of the dominium directum is considered the superior ; the holder of the dominium utile is considered the inferior.
• Dominium utile includes the tenant's right to keep any income or profit derived from the property.
• The transfer of the dominium directum does not affect the rights of any holders of dominium utile. The holder of a dominium utile has no right of transfer. However, there were usually exceptions, such as transfer to a son in the event of death, although this would incur a fee known as heriot or relief.

Additional explanations