Free allotment

[Busy Bee]

We have recently bought a house with a ridiculously large amount of odd shaped garden that has not been 'gardened' for over 6 years.  A local man has been asking us if he can rent an allotment from us - we have told him he is welcome to use part of it free of charge as it is so overgrown and we really can't see us using it as anything else.  Is this a good idea or should we have put something in writing and if so what?

T

[cooperlola]

Something which a farmer friend of mine told me (and don't take this as gospel) suggests that you should limit the length of time for which he uses it - or he could claim rights to carry on in perpetuity after a couple of years or so.  Somebody will know the full facts, but you should certainly be a bit careful.

[chocccie]

 

Just make sure you charge him a nominal fee and get a signed receipt for same and you should be fine.

[Aly (used to be Charlotte3)]

Chocccie,

I was told the opposite.....that if you charge anything for it, it can be construed as a tenancy and therefore you could have problems when you want the use of your land back.

This was from a French estate agent when a friend wanted to let her neighbour use a field. He told her NEVER to accept money for the use of it.  That does seem to make sense when you think about it.

Personally I would draw up a short document giving use of the land without charge until such time as you want it back and stipulating the period of notice you are willing to give (you never know when circumstances may change) etc etc. and as Cooperlola  says be aware of the perpetuity problem too.

You need to be very careful.

Aly 

[chrisb]

Yes - we were advised the same by a notaire. She advised that we shouldn't even accept gifts that could be construed as payment  - and this could include the 'tenant' doing some work for you.

Not that we've ever had anything but a great relationship with the farmer who uses our little patch of grazing - but you need to bear in mind that even French farmers sell up and move on occasionally so you need to make sure that there's no chance you could end up losing it.

[chocccie]

Oh blimey!

I'd better revise the plans I had with the friendly farmer who cuts my field then!

Cheers for the warning

[cooperlola]

There's a piece somewhere along these lines in the LF pages :

http://www.livingfrance.com/Editorial.aspx?brand=LVFOnline&category=LVFAdvice%20-%20legal&story=SPED12+Sep+2007+11%3a35%3a13%3a163&page=2746

It's about grazing, but the caveats are similar.

[Tony F Dordogne]

Where is the house Tracy?

[Busy Bee]

In Burgundy - not far from Puligny Montrachet but regrettably not the same soil!  We have about 2000 square metres but it's very long and thin with a drive running down the middle of it. 

Thanks for all the advice, I think I will pop down the mairie and ask them to check over a little note I will ask him to sign, just to be on the safe side, after finally getting on the housing ladder it would be a shame to start giving it away already.