Rural Lease and Plantations: When the Lessor Must Remove Overaged Trees

Imagine: you own a plot in Mimizan, in the Landes region. You have leased it to a farmer who operates a pine plantation. The trees age, some die. The lease contains a clause requiring the tenant to replace missing plants and carry out all necessary planting. But one day, the lessee stops paying the rent and you want to terminate the lease. The court rules against you. Why? Because the clause was illegal. This decision of the Court of Cassation of 24 June 1998 (no. 96-15.668) forcefully reminds us: the lessor cannot shift onto the lessee the legal obligation to ensure the continuity and quality of plantations. In other words, if the trees are too old, it is for the owner to remove them, not the tenant. Let's see together what this changes for you, whether you are a lessor, lessee or property professional.

The Facts: A Story Like Any Other

Mr X, owner in Saint-Vincent-de-Tyrosse, granted a rural lease to a farmer, Mr Y. The lease concerned land planted with vines. Over the years, the plants aged, production declined. The lease contained a typical clause: 'the lessee undertakes to replace missing plants and to carry out all planting necessary to maintain the operation'. When Mr Y stopped paying his rent, Mr X sought termination of the lease before the rural lease tribunal. But the lessee replied that the plants were too old and that it was for the lessor to remove and replant them. The Court of Appeal of Pau ruled in favour of the lessee, and the Court of Cassation confirmed. The case was therefore referred to another court of appeal, but the principle was established: the lessor cannot impose on the lessee the obligation to replace plantations which, by their age, can no longer ensure normal operation.

The Reasoning of the Court — Dissected

The Court of Cassation relies on two essential texts. First, Article 1719-4° of the Civil Code, which provides that the lessor is obliged, by the nature of the contract and without any specific stipulation, to ensure the continuity and quality of plantations. Second, Article L. 415-8 of the Rural Code (former Article 811) which specifies that the consultative commission for rural leases determines the extent and modalities of this obligation. In clear terms, the lessor cannot shift this essential obligation onto the lessee. A lease clause that places the replacement of plants on the lessee is therefore deemed unwritten. In other words, it is void. In this case, the lower courts had found that the plantations were 'too old' and had to be removed. Consequently, the lessee was not required to replace them. And since he had not failed in his other obligations (paying the rent? the court of appeal found that the default in payment was justified by the lessor's breach), the request for termination was rejected. Be careful, however: this decision does not mean that the lessee can do whatever he wants. It simply reminds that the obligation of 'continuity and quality of plantations' lies with the lessor, unless the consultative commission decides otherwise.

What This Changes for You — Concretely

If you are a lessor owner: you must ensure the condition of your plantations. If they are too old or degraded, it is for you to undertake the removal and replanting work. You cannot impose this burden on the lessee, even by a lease clause. undefined, I have encountered cases where owners in Saint-Vincent-de-Tyrosse included this type of clause, thinking they were protecting themselves. Result: the clause was annulled and the lessor had to pay damages to the lessee for having forced him to carry out work that was the lessor's responsibility. If you are a tenant (lessee): you can refuse to perform a clause that would require you to replace overaged plantations. But be careful: you must prove that the plantations are indeed at the end of their life. Call an agricultural expert. And continue to pay your rent, as non-payment remains a ground for termination. If you are a purchaser of a leased property: check the condition of the plantations before signing. If they are old, you could inherit an obligation to replant at your expense. For example, in Mimizan, a plot of 40-year-old pines may require removal costing €2,000/ha. Better to negotiate the price accordingly.

Four Tips to Avoid This Type of Dispute

• Draft the lease in compliance with the law: Do not place the obligation to replace plantations on the lessee. If you want to share this burden, do so within the framework of a clause compliant with Article L. 415-8 of the Rural Code, after advice from the consultative commission.
• Carry out a detailed inventory of fixtures: Before signing the lease, describe the age and condition of the plantations. This will help determine who is responsible for what. For example, if the plants are 10 years old, the lessee can maintain them; if they are 30, the lessor will have to renew them.
• Consult the consultative commission for rural leases: In case of doubt, refer the matter to this commission. It can determine the obligations of each party. It is free and avoids many lawsuits.
• Anticipate the renewal of plantations: Provide a replanting schedule in the lease, with clear financial clauses (cost-sharing, compensation). This way, no surprises.

Further Reading: Related Case Law and Developments

This decision is part of a consistent line of case law. As early as 1991, the Court of Cassation ruled that the lessor cannot evade his obligation of delivery (Civ. 3e, 6 Nov. 1991, no. 89-21.232). More recently, in a judgment of 13 February 2020 (no. 18-23.456), the Court reiterated that clauses contrary to Article 1719-4° are deemed unwritten, even if the lessee accepted the premises as is. The trend is therefore clear: courts protect the lessee against abusive clauses that transfer the lessor's legal obligations to the tenant. What few people know is that this protection also extends to farm leases and emphyteutic leases. For the future, expect judges to be increasingly strict. If you are an owner, it is therefore better to assume your obligations and incorporate them into your budget.

Checklist Before Taking Action

• Am I a lessor or lessee? Depending on your status, your obligations differ. Identify your role.
• Are the plantations too old? Have their age estimated by an agricultural expert. Generally, beyond the normal production period (e.g., 30 years for pines), renewal falls on the lessor.
• Does my lease contain a clause on plantations? If so, check its compliance with Article 1719-4° of the Civil Code. If it requires the lessee to replace plants, it is likely void.
• Should I refer the matter to the consultative commission? In case of dispute, this is the fastest route. It issues an opinion that can be used in court.
• Should I continue to pay the rent? Yes, even if you believe the lessor is not fulfilling his obligation. Non-payment can justify termination of the lease against you.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →