Farmer's Right of Pre-emption: When Can the Landlord Sell a Mixed Holding?

You are the owner in Lodève, in the Hérault, of a group of agricultural parcels. Some are leased to a farmer (tenant of a rural lease), others are not. You decide to sell everything in one block. Can the farmer demand to buy only the parcels he farms? Or are you entitled to impose a global sale on him? This question, which seems technical, has concrete consequences on the sale price and the owner's freedom. In its judgment of 16 April 2026 (No. 25-11.587), the Court of Cassation provides a clear answer: the farmer's right of pre-emption (priority right to buy the leased land) only covers the leased property, unless the holding sold is indivisible. And to be indivisible, all the property must belong to the same owner and form a coherent whole. Analysis.

The Facts: An Everyday Story

Mrs C., owner in Lodève, owns several registered parcels (identified in the land register) section BE Nos. 1, 2 and 3. Some are leased to a farmer, Mr D. Others are free of any lease. She wishes to sell all her parcels in one lot, at a global price of €300,000. The farmer, informed of the sale project, intends to exercise his right of pre-emption (priority right to buy) over only the parcels he leases. But Mrs C. refuses, considering that the sale is indivisible and that the farmer must either buy the whole holding or renounce. The dispute arises: the farmer brings the matter before the tribunal paritaire des baux ruraux (specialised agricultural court) to have his partial pre-emption right recognised. At first instance, the court rules in his favour: the farmer may pre-empt the leased parcels, and the seller must reserve them for him. Mrs C. appeals. The Court of Appeal confirms. It holds that the unleased parcels are not indivisible from the leased parcels, as they could be sold separately without altering the nature of the holding. Mrs C. then appeals to the Court of Cassation (appeal to the Court of Cassation to verify the correct application of the law).

The Reasoning of the Court — Analysed

The Court of Cassation dismisses Mrs C.'s appeal and confirms the judgment of the Court of Appeal. Its reasoning is based on Article L. 412-1 of the Rural and Maritime Fishing Code, which provides that the landlord (owner) who sells a rural property under lease must offer the tenant (farmer) a right of pre-emption. This right covers the property subject to the lease. But what happens when the sale also includes unleased property? The Court recalls the principle: the farmer may pre-empt only the leased property, unless the landlord proves the indivisibility of the holding sold. What is indivisibility? It is not a mere wish of the seller. The leased and unleased property must form an economic and functional whole, for example, a coherent farm where a separate sale would render one of the parts unexploitable. Moreover, the property must belong to the same owner. In this case, the unleased parcels were distinct and could be sold independently without harming the farmer's exploitation. The Court therefore validates the solution of the lower courts: absence of indivisibility, partial pre-emption right of the farmer. This is not a reversal of precedent, but a confirmation of a consistent solution. The High Court merely clarifies that the burden of proving indivisibility lies on the landlord, which is new compared to some earlier decisions.

What This Changes for You — Concretely

For the landlord: You must now be very careful when you want to sell a mixed holding. If you wish to sell the whole in one block, you will have to prove that the unleased parcels are indivisible from those leased. Concretely, this means that mere personal convenience (grouping the sale to simplify) will not suffice. For example, in Frontignan, an owner wanted to sell a leased vineyard plot with an unleased shed. The shed could be sold separately: no indivisibility. The farmer was able to pre-empt the vines alone. If you are in this situation, you must have the indivisibility assessed by an expert (surveyor, notary) before notifying the sale to the farmer. For the farmer: You can demand to buy only the leased parcels, even if the seller wants to sell everything together. You have a period of two months from the notification of the sale to exercise your partial pre-emption right. However, beware: if the seller proves indivisibility, you will have to buy the whole holding or renounce. For the buyer: If you buy a rural holding, check that the seller has properly respected the farmer's pre-emption right. An irregular sale may be annulled within a period of five years. What few people know: the buyer may be ordered to pay damages if he participated in the fraud.

Four Tips to Avoid This Type of Dispute

• Before any sale, have a parcel survey carried out. Identify precisely the leased and unleased parcels, their use and any link between them. A surveyor can help you determine whether they form an indivisible whole.
• Notify the sale to the farmer by registered letter with acknowledgement of receipt. Mention the price, conditions and especially the fact that the sale concerns a mixed holding. State whether you consider the holding indivisible and why.
• Keep all evidence of indivisibility. If you want to impose a global sale, gather objective elements: single access, functional dependence, common exploitation, etc. A mere cadastral grouping is not enough.
• If in doubt, consult a lawyer specialised in rural law before signing. A mistake can be costly: annulment of the sale, damages, legal costs. A preliminary consultation is a worthwhile investment.

Further Reading: Related Case Law and Developments

The Court of Cassation had already ruled on the farmer's partial pre-emption right. In a judgment of 3 November 2011 (No. 10-26.654), it admitted that the farmer could pre-empt only part of the sold holding, provided that part was materially severable. The decision of 16 April 2026 goes further by specifying the concept of indivisibility and placing the burden of proof on the landlord. This development strengthens the protection of the farmer, in line with the legislative policy of maintaining farmers on their land. Courts tend to interpret indivisibility strictly, to prevent the pre-emption right from being circumvented by artificial global sales. In the future, we can expect judges to require very concrete elements (easements, access, common buildings) to recognise indivisibility.

In Practice: What to Do

FAQ

• Can I sell my leased and unleased land in one lot without the farmer's agreement? No, unless you prove indivisibility. You must offer the farmer the possibility to buy only the leased parcels.
• What if the farmer does not exercise his partial pre-emption right? You may then freely sell the leased parcels to a third party, but you must first allow the farmer his two-month period.
• What are the deadlines for action? The farmer has two months from notification to exercise his right. The action for annulment of the sale by the farmer is five years from the registration of the deed.
• Can I divide the holding after the sale to avoid the problem? Yes, if the parcels are distinct, you can sell the leased parcels first, then the others. But beware of the division of the holding which could harm the exploitation.

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