Colandhelinfrance Posted September 11, 2005 Share Posted September 11, 2005 Our local farmer has caused a situation where we might have to take him to justice.He had previously cut the grass in the field which we have now purchased with our house. When we purchased the house we were told that the farmer had no contract. He insists that he has a contract. We offered to pay him to cut our grass, but he refused and in fact carried on cutting the grass without our permission, then offered us a payment. We understand that this is so that he can carry on getting his subsidy from the government.We started to cut our own grass (a big effort in a two acre field) he told us that we could not cut the grass at this time of year, when we told our notaire, he said that the farmer was laughing at us.So we have now sent him a registered letter telling him not to come onto our land and not to cut - bale and take the hay. If he ignores this, I fear that we will have to take him to justice (which is what the notaire wanted us to do immediately)Can anyone give us some sensible advice please.We went to our notaire, who reiterated that there was no contract in place Link to comment Share on other sites More sharing options...
Nick Trollope Posted September 11, 2005 Share Posted September 11, 2005 [quote]Our local farmer has caused a situation where we might have to take him to justice. He had previously cut the grass in the field which we have now purchased with our house. When we purchased the hous...[/quote]Farmers have rights to use land that they "farm", regardless of the ownership of the land or if rent is paid, or payments are made, or not.I suggest that you discuss it with a different Notaire - the one you bought the land from or via may simply be covering his backside. Link to comment Share on other sites More sharing options...
Colandhelinfrance Posted September 11, 2005 Author Share Posted September 11, 2005 I am assured that because the land is less than a hectare, he has no claim. The other strange thing is that he said that If we go to see him & sign a piece of paper, he will end the contract!He was also asked by the notaire to come to a meeting with us at the notaire's office, he declined. Link to comment Share on other sites More sharing options...
Ron Avery Posted September 11, 2005 Share Posted September 11, 2005 I would tread very carefully with this one. Do not make enemies unless it is unavoidable, you have to live with these people.When you bought the property, if the farmer had rights to farm the land or even cut and take the hay, they should have been notified to you by the seller and the Notaire. The farmer would have had to sign the acte and the contract. The plan would also identify any access to the fields that he would retain if this was affected by your purchase.So step one. Go back to the Notaire that handled the sale. If the farmer has no rights to the land, then get a letter from the Notaire to that effect. BUT if you have no use for the hay and he is cutting it for free for fodder, why have a fall out over this? I have just been enjoying a joke and a chat with ny neighbour and farmer who cuts my grass for his cows and also helps me with all sorts of problems, that said, we did draw up a proper access agreement at the time of sale and I do give him permission to use my other field for the cows. He appreciates this as grass has been very short this year and in 2003 Link to comment Share on other sites More sharing options...
Colandhelinfrance Posted September 11, 2005 Author Share Posted September 11, 2005 We were notified, and was assured that upon our purchase, any contracts would end.We actually want to use part of our field for a garden, as we have no attached land. When we offered to pay him to cut was was left, he declined! Link to comment Share on other sites More sharing options...
Colandhelinfrance Posted September 11, 2005 Author Share Posted September 11, 2005 This farmer is not friendly, and he did not sign anything on our contract of sale. Link to comment Share on other sites More sharing options...
Nick Trollope Posted September 11, 2005 Share Posted September 11, 2005 [quote]I am assured that because the land is less than a hectare, he has no claim. The other strange thing is that he said that If we go to see him & sign a piece of paper, he will end the contract! He ...[/quote]Assured by whom? I've not heard of a minimum requirement to be covered by the rules I mentioned.As I said, see a Notaire. It is obvious that nothing neither Ron or I (nor anyone else on this Forum) says can have any real value. Link to comment Share on other sites More sharing options...
Colandhelinfrance Posted September 11, 2005 Author Share Posted September 11, 2005 Assured by our notaire.Do you think that notaires make a habit of being economical with the truth?I take it your comments come from experience of such a situation? Link to comment Share on other sites More sharing options...
Nick Trollope Posted September 12, 2005 Share Posted September 12, 2005 [quote]Assured by our notaire. Do you think that notaires make a habit of being economical with the truth? I take it your comments come from experience of such a situation?[/quote]Call me a cynic, if you will, but I suspect that, as I said above, that your Notaire is trying to cover his arse.Yes, I speak from experience, but from the other point of view. We tried to buy a bit of dud farmland at the end of our garden, but it got too complex, with the (current) Farmers' Father demanding the right to continue to use the land (which they never did), etc etc. Link to comment Share on other sites More sharing options...
Ron Avery Posted September 12, 2005 Share Posted September 12, 2005 "nothing neither Ron or I (nor anyone else on this Forum) says can have any real value" On this topic only I hope NickYou are right Nick, they have already been given the best advice, go back and see your Notaire or if you think he was at fault see an Avocat.The Notaire is there to see that the transaction is dealt with honestly and honourably, he/she should have known or been told by the vendor about any "rights" that existed, If he/she was not told, or there are no rights, then it is now for him/her to investigate with the vendors. Link to comment Share on other sites More sharing options...
Patf Posted September 12, 2005 Share Posted September 12, 2005 Is your field fenced? If so, borrow a few sheep and let them graze , especially when the new growth starts in March. Then when he arrives to cut there will be no grass for him. A cheaper option and more peaceful. Pat. Link to comment Share on other sites More sharing options...
Debra Posted September 12, 2005 Share Posted September 12, 2005 ah - but then will the farmer they borrowed the sheep from have rights to graze his animals in their field?? Link to comment Share on other sites More sharing options...
Val_2 Posted September 12, 2005 Share Posted September 12, 2005 What I can't understand is why you don't fence off your land, its your land for god's sake if you have paid for it and have deeds/attestations to that fact and start making a garden now,get in a digger etc and go for it. Then see what the farmer does. If there is no contract, no fees,no rent,no gift etc and your notaire has put this in the deeds or in writing to that fact,I doubt anything will come to a head legally unless you continue as you are. The french like to walk over foreigners,especially at the moment with british people taking a lot of flak for upping house prices(another argument altogether) as they think you understand nothing of the way of life here and can't muster enough language to do anything against them. However before you undertake to start any changes,you must send a registered letter in french to this person stating that work will begin on such a date and you are giving him probably a month's notice and that you have no such contract which has been verified by your notaire when you bought the property. If the letter is received he then cannot say he has not been informed by you. Link to comment Share on other sites More sharing options...
Arkon Posted September 13, 2005 Share Posted September 13, 2005 [quote]ah - but then will the farmer they borrowed the sheep from have rights to graze his animals in their field??[/quote]No he won't! Link to comment Share on other sites More sharing options...
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