Lessee Preemption Right in Agricultural Land Sales
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Themes
Lessee preemption right, agricultural land sale, SAFER preemption right, urban preemption right, DPU, agricultural exploitation, land use planning
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Abstract
This document examines the right of preemption for lessees in agricultural land sales, particularly in cases where the lessor does not exercise their right of re-entry.
Extract
[...] In default, if he sublets or sells the property within 5 years, he will be liable for damages and interest in favor of Mr. and Mrs. MARTIN, the evicted buyers. b. Right of preemption of the SAFER We will assume that the SAFER is authorized by decree to preempt, that the plot put up for sale is located in the Côte d'Or and has an area of more than 25 ares, the preemption threshold of the SAFER in this case. [...]
[...] The duration of the promise is freely set between the parties. However, any PUV with a duration of more than 18 months, must, at the risk of nullity, be established by a notarized deed when it is consented to by a natural person, which is the case here, and in accordance with Article L. 290-1 of the Construction and Housing Code (CCH). For information, the application of the building permit status or the preliminary declaration will have significant consequences on the pre-contracts that the developer will agree to with his future buyers. [...]
[...] There are some exceptions to the application of this status, such as for example small plot leases. In Côte d'Or, the threshold for small plot leases is 25 ares. In this case, it was considered that the conditions for the application of the status are met, since Mr. Martin indicates that he exploits the plot by lease. The leased plot being of an area greater than 25 ares (1.5 the sharecropping status does not fall within the exception of small plot leases. [...]
[...] However, depending on the date of the lease term, it is not possible to know, with the elements of the theme, at what time he will be able to make this reacquisition to exploit it. [...]
[...] As a result of the sale, Mr. and Mrs. MARTIN now have the quality of lessor of the said plot. The theme does not specify the date of the lease term. The lessor is the sole holder of the right of reacquisition. He can take back the rural property given on lease, to exploit it personally or have it exploited by his spouse, partner or descendant. In this case, Mr. MARTIN wishes to exercise the right of reacquisition in order to be able to exploit the plot personally and thus continue his exploitation, due to the sale of the plots he exploited previously. [...]
