Key Decision: cc • No. 94-13.521 • 1996-04-17 • View the decision →
Imagine: you own a plot of land in Vallauris, leased for decades to a winegrower. The lease comes to an end, you want to recover your land to sell it or cultivate it yourself. But your tenant farmer has, over the years, obtained vine planting rights. Suddenly, he tells you he is taking these rights with him. You think: "But these rights are attached to my land, aren't they?" That is exactly the question the French Supreme Court had to decide in 1996.
In this judgment of 17 April 1996 (No. 94-13.521), the highest court affirmed that vine planting and replanting rights are attached to the farming operation, i.e., to the person of the tenant farmer, and not to the landowner. In other words, if you are the landowner, you get your land back, but not the precious administrative authorization to plant vines. To understand this, let's delve into the story of Paul and the spouses Marcel.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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