Squatters rights

[Jeff.B]

Hallo all - new member.

My wife and I are about to sign the compromis-de-vent on a property in Brittany. There are 2 hectares of pasture that we think a neighbouring farmer had permission to put his cows on in the past - we need the land for our animals. we have not yet asked the question of his right to use the land in future, but if this is the case we could not accept the condition. Has anyone any information about nullifying such a right of access?

Kind regards

Jeff

[Cat]

There is lots of information in these threads

But this post is perhaps the most relevant

[quote user="Mlonghurst"]

We are registered farmers and have had quite a few dealings with the MSA regarding the legalities of renting of land.

If you allow a farmer (note the word farmer) to utilise your land (no matter whether formaly or informaly) you are effectively giving him rights to farm the land (be this grazing animals, planting crops, growing and cutting hay etc).. If you allow him to graze his sheep or whatever animals on the land or to use for any type of farming activity then you are granting him use of the land.  There does not have to be any type of formal written agreement (although the MSA can draw one up for you at a cost of 32 Euros), the legaly binding agreement is entered into by the action of you granting him access for grazing, growing hay etc. 

When we purchased our farm the land was being grazed by a neighbours cattle and had been so for the last 24 years.  Even though no written agreement was in place (only verbal) and no payment was ever recieved by the previous owners, the Notaire still had to get a written agreement from the farmer (and all of his family as well) that they revoked all rights over the land and copies of all these signed statements were handed over with the final contract.

It is worth remembering that not all Notairs are totaly up to speed on the complexities of renting land and if in doubt it is worth your while checking on the legalities with the MSA, they are the people who really understand the rules. (Notairs also make mistakes).

Having said all this, if you enter into an informal agreement with a farmer over the use of your land and then at some future date things turn bad (sometims people do fall out) or they die and the family take over the ownership and running of the farm, then you could find yourself in trouble should they claim rights over the land.  It would be you that has to try and provide evidence that they had no such right and that you had never granted such rights.  Pretty hard to do if the farmer can say his sheep have been grazing the land with your permission.  It is also worth remebering that if a farmer decides to sell up and move one their farm will be worth more with your land thrown into the sale even if iti s leased.

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