Legal rights of farmers.

[Susannah]

I'm sure that this has come up before but I have waded through 15 pages and can't find anything about it. Please can anyone tell me for how many years a farmer has to have grazed his cattle on your land - and paid for the 'privilege' - before he has some sort of legal claim to go on using it. Does this right extend to eternity? Does it make any difference if the land has only been grazed for 8 or 9 months each year?

As you may have gathered, I think we may have got ourselves into a mess. What was originally an 'informal' agreement seems to be in danger of backfiring. Nothing was ever signed but a letter was sent by my husband to the farmer last year asking for the money to be paid as it was 3 months late. Oh dear!

I'd be extremely grateful if anyone could clarify the situation.

Susannah.

[Iceni]

I would be very surprised if any farmer grazed land for as much as 8 or 9 months per year (even if the landlord permitted it) - it must be rested, not only to re-grow but also to kill off parasites. In our rural bit cattle and sheep are moved quickly and regularly so the total time spent in any of the fields seeems very little. I only say this so that you do not raise your hopes over the fact that it is not full time.

My only suggestion is that you seek formal legal advice - what constitutes an agricultural tenancy is complicated enough in England !!

Best of luck anyway

John

 

[PaysBasque]

I think you've got yourselves into a very bad situation. The fact that there is no formal agreement could actually work against you. The best advice is not to ask on this forum but go to your Mairie, explain the situation to them and see if they are prepared to help, and get legal advice as soon as possible.

[Logan]

Usually if there is no formal agreements involved it can be terminated by either party at any time. Payments, however small must not be involved. However the fact that your husband has demanded a payment has set the fox among the chickens. This effectively formalises the arrangement. The famer can then graze for 9 years and another 9 years after that. I am not an expert and have gained this information from talking to my farmer neighbours over the years. It now depends on the good nature of your farmer. If he is an awakward so and so you have a big problem. The best answer I can give you is take a bottle of Pastis and go and try to have a friendly chat with him. Involving officials will only exasperate a delicate situation.

[Pucette<P><FONT face="Times New Roman" size=3>Pucette<FONT><P><FONT face="Times New Roman" size=3><P class=MsoNormal style="MARGIN: 0cm 0cm 0pt">"Qui ne connaît pas la campagne lhiver, ne connaît pas la campagne et ne connaît pas]

In principle your agreement with the farmer constitutes a standard agricultural tenancy; as stated above it runs for nine years and is renewable; the circumstances under which it can be terminated are extremely limited.

[maxsan]

We have a small field which is rented out to a local farmer. There was a written contract already in place when we bought the house.  When we spoke to the notaire about selling it we were told that we must give the farmer first choice on buying it.  I must say I was unaware that the contract was renewable.  When can one terminate these kind of agreements?

[BJSLIV]

I think the main opportunities to terminate such agreements arise when the tennant reaches retirment age, unless their sons/daughters wish to continue. Otherwise the only chance is if they want to give up the land, or do not pay the rent.

[Logan]

[quote]I think the main opportunities to terminate such agreements arise when the tennant reaches retirment age, unless their sons/daughters wish to continue. Otherwise the only chance is if they want to giv...[/quote]

That is correct. It's designed to protect farmers who invest money improving the land, planting fruit trees etc. This is often a very long term investment especially in the case of walnut trees. The original poster here formalised the informal agreement by making a demand for payment of rent. Legally speaking I am sure they will not now be able to recover their land. The message is simple. In France if you buy a property that has grazing rights do not expect to have possession of the land unless you make it a condition of purchase that the land is grazing free.( Via a clause suspensive) It is then the estate agents job to sort it out, not the notary.

[Pucette<P><FONT face="Times New Roman" size=3>Pucette<FONT><P><FONT face="Times New Roman" size=3><P class=MsoNormal style="MARGIN: 0cm 0cm 0pt">"Qui ne connaît pas la campagne lhiver, ne connaît pas la campagne et ne connaît pas]

Most terminations of agreements round here are amicable and involve payment in lieu.

Termination at the farmer's retirement has a lot of ifs and buts in it... similarly when the proprietor retires he can take the land back to farm it himself, assuming that due notice is given and that his/her income is less than a certain amount (the equivalent of a full state pension) and perhaps assuming other things too...