Farmer using my land

[Millman]

We own a field at the back of our property and the local farmer cuts the grass for his animals twice a year. The agreement is verbal , he cuts the field for free and keeps the grass. Is anyone aware of any issues with this arrangement?

Many thanks in anticipation.

[just john]

Oh yes, if you have not formalised terms and conditions (including notice) in writing then the farmer can claim established rights, fine 'til it goes wrong as it did with an old friend who wanted to keep a horse on the field he owned so didn't need the farmer any more, the farmer died but his wife was able to claim (and got) ongoing rights to continue taking Hay from the field unless substantial compensation was paid.

Edit
Try a chat with the farmer asking him to sign a letter agreeing payment of hay for mowing your field and a term of notice; after that its a chat with the Notaire.

[ericd]

It very much depends how big that field is....1 bale of hay/cut ??? more...??? ....less...? Bring the topic up during an aperitif evening and in front of witnesses state what the agreement is (ie. the field is yours but you are happy to let the farmer cut the grass and keep the proceeds for as long as you are happy with it).

[WJT]

Perhaps it differs by region but we were told never make a payment for the hay. We have a letter from the Agriculture department, (sorry I forgot the name) and it states as long as there is no payment from either party he can not make claim on the land. We paid an avocate to look into this for us in the beginning because we were aware of potential problems. 

You can have an agreement in place, a "Commadat" or "Contrat de pre a usage a titre gratuit".  that can be renewed every year and can be terminated for example with a three or six month notice from either party.

However, with no agreement and no payment from either party there can never be a claim on your land if all he is doing is cutting grass for hay. Be careful though, if he puts animals for grazing or plants a crop for example that changes everything and he and his family could potentially have a claim.

Edit: Thought it worth mentioning, the above two contracts we are told are the only ones that can easily be terminated. Beware and do not enter a baux rural or a bail de fermage agreement. These are meant to be quite difficult to end. I also would not recommend casually handwriting an agreement if it isn't the first two mentioned.

[ericd]

In which case you would have something to say as he would have done this without your consent.

[nectarine]

When we bought our house a farmer was using a field and cutting hay and putting horses there. I asked the notaire if there was any time limit after which he could make a claim, etc., and she said absolutely not, but I should ensure that once a year he asked my permission to continue using the land which I have done. I asked the notaire several times but understand that, as long as nothing is put in writing and that permission is asked annually, then you have nothing to fear and he cannot make a claim.