Insights

Agricultural lawJune 7, 2025
Land recovered but not farmed: new facts may allow the evicted tenant to return
New facts, force majeure and assignment after an age-related lease extension: three clarifications in the Court of Cassation ruling of 7 May 2025, no. 23-15.142.
Agricultural lawOctober 18, 2025
A rural lease granted by one spouse alone: management of another’s affairs may save it
The nullity of a rural lease granted by one spouse alone does not exclude management of another’s affairs, provided the management was beneficial. Analysis of the ruling of 18 September 2025, no. 23-15.971.
Agricultural lawOctober 4, 2025
Two rural leases over the same plots: the second is not void, only unenforceable against the first tenant
Between successive rural leases over the same property, the first to acquire a date enforceable against third parties prevails, but the other is not void. Analysis of the ruling of 4 September 2025, no. 24-14.019.
Agricultural lawOctober 4, 2025
SAFER pre-emption over buildings: agricultural use must be real on the sale date
The absence of a change of designated use does not suffice to justify SAFER pre-emption over buildings. Analysis of the ruling of 4 September 2025, no. 24-13.064, published in the Bulletin.
Agricultural lawJune 22, 2025
Court-authorised assignment of a rural lease: must it take place immediately?
Judicial permission to assign a rural lease does not require immediate assignment where the lease has not expired. Analysis of the ruling of 22 May 2025, no. 24-10.141.
Agricultural lawMarch 6, 2025
Land made available to a company: a co-tenant who is not a member does not commit a prohibited assignment
A co-tenant who is not a member of the company using the land does not thereby commit a prohibited assignment; the landlord must prove harm. Analysis of the ruling of 6 February 2025, no. 23-12.274.
Agricultural lawAugust 3, 2025
After recovery, farming through a company is not a fraud against the tenant’s rights
A beneficiary who later makes land available to a company in which they farm personally does not defraud the tenant’s rights. Analysis of the ruling of 3 July 2025, no. 24-12.565.
Agricultural lawDecember 6, 2025
Compensation for improvements: the twelve-month deadline runs even if the notice is challenged
The twelve-month deadline to claim compensation for agricultural improvements runs from the notice’s effective date, even if challenged in court. Court of Cassation, 6 November 2025.
Agricultural lawDecember 6, 2025
SAFER: annulment of a substitution does not extinguish the promise to sell
Where SAFER exercised the option on time, annulment of the substitution leaves the promise intact. Analysis of the ruling of 6 November 2025, no. 24-14.152.
Vineyard and wine lawMay 4, 2025
Authorisation to farm: lack of professional competence is not a ground for refusal
The Conseil d’État recalls that only the grounds in Article L. 331-3-1 justify refusal of authorisation to farm. Analysis of the decision of 4 April 2025, no. 471890, concerning a vineyard plot in Chablis.
Agricultural lawFebruary 9, 2025
Death of the tenant: who inherits the rural lease when several heirs claim it?
Where a farmer dies without a close relative who worked on the holding, the rural lease tribunal may allocate the lease to one heir. Analysis of the Court of Cassation ruling of 9 January 2025.
Agricultural lawApril 13, 2025
Challenging a notice to recover farmland: must the intended beneficiary be joined?
A tenant challenging a notice to recover farmland need not join the intended beneficiary. Analysis of the Court of Cassation ruling of 13 March 2025, no. 23-20.161.
Agricultural lawApril 13, 2025
SAFER resale: can a joint applicant bring an annulment claim alone?
An applicant who submitted a joint purchase project retains standing to challenge a SAFER resale alone. Analysis of the Court of Cassation ruling of 13 March 2025, no. 23-20.390.
Agricultural lawMay 10, 2025
Sixth-year recovery clause: the landlord may request it at any time during a renewed lease
A landlord may request a sixth-year recovery clause at any time during a renewed rural lease, without a good-faith condition. Analysis of the Court of Cassation ruling of 10 April 2025, no. 23-23.382.
Agricultural lawJune 7, 2025
Recovery notices and farm structure controls: when is the beneficiary’s situation assessed?
If recovery did not require authorisation on the notice’s effective date, a stay of proceedings did not extend the lease. Analysis of the Court of Cassation ruling of 7 May 2025, no. 22-16.518.
Agricultural lawMay 30, 2025
Recovery by a family company: an agricultural purpose is still required
Even a family company may exercise the right to recover farmland only if it has an agricultural purpose. Analysis of the Court of Cassation ruling of 30 April 2025, no. 23-22.354.
Agricultural lawOctober 18, 2025
Rural leases and SAFER: three Court of Cassation rulings to note
Rural leases, SAFER pre-emption and resale: key points from three French Court of Cassation rulings issued in September 2025.

Insights

Land recovered but not farmed: new facts may allow the evicted tenant to return

A rural lease granted by one spouse alone: management of another’s affairs may save it

Two rural leases over the same plots: the second is not void, only unenforceable against the first tenant

SAFER pre-emption over buildings: agricultural use must be real on the sale date

Court-authorised assignment of a rural lease: must it take place immediately?

Land made available to a company: a co-tenant who is not a member does not commit a prohibited assignment

After recovery, farming through a company is not a fraud against the tenant’s rights

Compensation for improvements: the twelve-month deadline runs even if the notice is challenged

SAFER: annulment of a substitution does not extinguish the promise to sell

Authorisation to farm: lack of professional competence is not a ground for refusal

Death of the tenant: who inherits the rural lease when several heirs claim it?

Challenging a notice to recover farmland: must the intended beneficiary be joined?

SAFER resale: can a joint applicant bring an annulment claim alone?

Sixth-year recovery clause: the landlord may request it at any time during a renewed lease

Recovery notices and farm structure controls: when is the beneficiary’s situation assessed?

Recovery by a family company: an agricultural purpose is still required

Rural leases and SAFER: three Court of Cassation rulings to note