Title: Articulation Between Leave for Resumption and System of Control of Structures in Rural Leases
Date: June 25, 2023
In accordance with Article L. 411-58 of the Rural and Maritime Fisheries Code, lessors have the right to prevent the renewal of a lease if they wish to reclaim the leased property for themselves. However, it is important to note that they must still adhere to the regulations concerning the control of structures in agricultural holdings.
This requirement necessitates the connection between two procedures: the leave for resumption and the system of control of structures. Since 2006, the legal framework for the control of structures has been relaxed in cases of intra-family property takeovers. This refers to situations where agricultural property is acquired through donation, rental, sale, or inheritance from a relative or ally up to the third degree (C. rur., art. L. 331-2, II). In such cases, the operation is not subject to authorization but requires a prior declaration.
The text outlining the conditions for this exemption specifies that the property must be free to rent. However, it is worth noting that this condition is never fulfilled on the day the leave for resumption is issued. Despite this discrepancy, the Court of Cassation has ruled that the declaration system remains compatible with the issuance of leave for recovery, even after the implementation of law no. 2014-1170 on October 13, 2014, which pertains to the future of agriculture, food, and forestry.
Prior to the aforementioned law, Article L. 331-2, II of the rural and maritime fishing code stated that the property had to be “free to rent on the day of the declaration.” Additionally, Article R. 331-7, paragraph 2, of the same code, as amended on May 15, 2007, stipulated that the declaration must be made before the development of the assets. In cases where a property takeover occurs as a result of a notice issued under Article L. 411-58, the beneficiary is required to submit their declaration.
The articulation between the leave for resumption and the system of control of structures in rural leases is crucial for ensuring a smooth transition of agricultural properties within families. While the property may not be immediately free to rent upon the issuance of the leave, the compatibility of the declaration system with the recovery process provides a legal framework for such cases.
As the agricultural sector continues to evolve, it is essential to strike a balance between the rights of lessors and the smooth transfer of properties within families. The articulation between leave for resumption and the system of control of structures plays a vital role in achieving this balance and ensuring the sustainable development of rural areas.
What is the timeline for providing written notice to a tenant for resumption of a property under the provisions of Et mar. L. 331-1?
Et mar. L. 331-1).
When a lessor wishes to reclaim a property for themselves, they must first provide written notice to the tenant at least 18 months before the expiration of the lease. This notice must outline the reasons for the resumption and the intended use of the property. The tenant then has the right to contest the resumption within three months of receiving the notice.
While the leave for resumption process is underway, the lessor must also comply with the regulations regarding the control of structures. This system aims to ensure that agricultural holdings are maintained in good condition and that any changes to the structures on the property are in line with legal requirements.
The control of structures covers a wide range of aspects, including the construction, modification, and demolition of agricultural buildings. It also includes regulations on the use of natural resources, such as water and soil, and the preservation of the surrounding environment.
In the context of a leave for resumption, the lessor must provide evidence of compliance with the control of structures regulations. This means that they must show that the property will be used for agricultural purposes and that any structures on the property are in accordance with the law.
Failure to comply with the control of structures regulations can result in penalties, including fines and the revocation of permits or authorizations. It is therefore essential for lessors to carefully navigate both the leave for resumption process and the requirements of the control of structures in order to reclaim a property legally.
In summary, the articulation between the leave for resumption and the system of control of structures in rural leases requires lessors to adhere to both processes when reclaiming a property. This ensures that agricultural holdings are properly maintained and that any changes to the structures on the property are made in accordance with the law.
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This article sheds light on the important connection between leave for resumption and control of agricultural holdings, helping us better understand the procedural aspects that govern this intricate link.
This article sheds light on the crucial connection between leave for resumption and control of agricultural holdings. It provides valuable insights into the underlying procedures, helping readers comprehend the intricate link between these two aspects. A compelling read for anyone involved in the agricultural sector.