Reprise de bail rural : comment cumuler les durées de détention familiale après la décision cc 20-15.178

Imagine you are the owner of a beautiful bastide in Valbonne, surrounded by a few hectares of agricultural land that you have leased for years. Your mother passed this property on to you some time ago, after having held it herself for many years. Today, you wish to resume this property to set up your own activity there or to pass it on to your children. But here's the catch: the law requires that you have held the property for at least nine years to exercise your right of resumption (i.e., to terminate the lease to recover your property). How is this period calculated? Can you take into account the time when your mother was the owner before you?

This is exactly the question that thousands of landowners in France have asked themselves, particularly in our region where family farms are numerous between Cannes and the Grasse hinterland. The answer was not always clear, and courts sometimes interpreted the texts differently. Until this important decision by the Cour de cassation (the highest French judicial court) on 20 May 2021.

This decision, rendered under number 20-15.178, provides essential clarification on a crucial point: the cumulation of holding periods within the same family. It answers a question that many of my clients have asked me in my Grasse office: "Maître, can I add the time when my parents held the property to mine to reach the required nine years?" Now, the answer is clearer, but be careful: you must understand precisely the conditions and limits of this cumulation.

The facts: a story as happens every day

Take the example of the Martin family (fictitious name to preserve confidentiality), owners of a farm in the Valbonne area. Mrs. Martin senior had acquired this property in the 1990s. She operated it directly for several years, then leased it out with a rural lease (specific contract governing the leasing of agricultural land). In 2010, she transferred the property to her two children, Pierre and Sophie, who became owners in co-ownership (i.e., they own the property together, without physical division).

In 2017, after the death of their mother who nevertheless retained a usufruct (right of use and enjoyment of the property) over the property, Pierre and Sophie decide to resume the farm to develop a direct sales activity for local products. They therefore serve a notice to quit (demand to vacate the premises) on their tenant, invoking their personal right of resumption. To exercise this right, the law requires that they have held the property for at least nine years at the time of the notice.

The tenant challenges this resumption. He argues before the court that Pierre and Sophie, taken individually, have not held the property for nine years. According to him, the period must be calculated only from the moment they became owners in 2010, which is only seven years in 2017. The owners, on the other hand, claim that the period when their mother was the owner must be added, i.e., since the 1990s, which far exceeds the required nine years.

The court of first instance rules in favour of the owners. But the tenant appeals. The court of appeal reverses the decision: it considers that the nine-year condition must be fulfilled "in the sole person" of the one who serves the notice, thus refusing to add the holding by the mother. Pierre and Sophie then appeal to the Cour de cassation, and that is where the Cour de cassation intervenes with its decision of 20 May 2021.

The court's reasoning — dissected

The Cour de cassation examined this case based on Article L. 331-2, II, of the Rural and Maritime Fishing Code. This article provides that, to benefit from the derogatory regime of prior declaration (simplified procedure) rather than prior authorisation (more burdensome procedure) for certain operations, the beneficiary must have held the property for at least nine years. But the crucial question was: how to assess this holding period?

The court of appeal had considered that this condition must be fulfilled "in the sole person" of the author of the transfer, i.e., the one who serves the notice. In other words, according to the appeal judges, Pierre and Sophie could only count the years when they had been owners themselves, without adding those of their mother.

The Cour de cassation quashes this judgment. It recalls that, since Law No. 2014-1170 of 13 October 2014, Article L. 331-2, II, has been amended. Now, the condition of holding period can be assessed "in the person of any relative or in-law of the beneficiary of the resumption up to the third degree inclusive". This explicitly authorises "the cumulation of successive holdings by several of these relatives or in-laws".

In short, the high court explains that the legislator wanted to facilitate the transmission of family farms. It is no longer a matter of looking only at the holding period of the person who serves the notice, but of taking into account all holdings within the family, up to the third degree (i.e., for example, between grandparents, parents, children, uncles/aunts, nephews/nieces). Periods of holding by different family members can therefore be added together.

In the Martin case, the Cour de cassation considers that the court of appeal violated this text by refusing to add the holding by the mother to that of her children. It specifies that this cumulation is possible even when the mother was the owner then usufructuary, and the children were co-owners. The decision therefore refers the case back to another court of appeal to rule again by correctly applying the law.

What this changes for you — concretely

But what exactly does this change for you, as a landlord, tenant, or real estate professional? Let's take concrete examples.

If you are a landlord (the one who leases) of agricultural property, this decision broadens your possibilities for resumption. Imagine that you inherited a property in Cannes only 5 years ago, but your father had held it for 10 years before you. Before this decision, you had to wait another 4 years to reach 9 years of personal holding. Now, you can add your father's 10 years: you therefore have 15 years of cumulative family holding, and you can exercise your right of resumption immediately. This can be crucial if you wish, for example, to sell the property free of lease or to set up your own activity there.

If you are a tenant under a rural lease, this decision means you must be more vigilant. When your landlord serves you a notice to quit for resumption, check not only their personal holding period, but also that of their family up to the 3rd degree. undefined, I have encountered cases where tenants thought they were protected because the current owner had only had the property for a short time, without knowing that they could cumulate with their parents' years. This can reduce the security of your occupation.

If you are a purchaser of agricultural property, this decision affects the value of the property. A property with a long family holding period (e.g., 20 years cumulated between grandparents, parents, and children) allows for quicker resumption, which can increase its attractiveness. Conversely, a property that has changed hands several times outside the same family may be more difficult to resume. In transactions around Grasse, I see more and more purchasers requesting a detailed history of family holdings.

Be careful, however: this cumulation is not automatic. It only applies to relatives or in-laws up to the 3rd degree, and you must be able to prove the successive holding periods. Moreover, it specifically concerns the prior declaration regime for resumption. For other operations (such as the sale of the property), other rules may apply.

Four tips to avoid this type of dispute

• Keep all family title deeds carefully: when you inherit or purchase a property, keep not only your deed, but also those of your parents, grandparents, etc. These documents will prove the successive holding periods.
• Anticipate duration calculations before serving a notice: if you are a landlord and wish to resume your property, carefully calculate the total family holding period. Do not hesitate to consult a notary or specialised lawyer to verify that you meet the 9-year cumulative condition.
• Check the family history upon acquisition: if you are buying agricultural property, ask the seller for a complete history of holdings in their family. This will allow you to know quickly whether you will be able to exercise a right of resumption in the future.
• Document transfers: during a succession or gift, have clear notarial deeds drawn up that mention previous holdings. This will facilitate proof in case of subsequent dispute.

Deep dive: related case law and developments

This decision is part of a jurisprudential evolution (the body of court decisions) favourable to maintaining family farms. Before the 2014 law, the Cour de cassation had already rendered decisions in this direction, but in a more restrictive manner. For example, in a judgment of 6 July 2011 (No. 10-17.589), it had admitted cumulation between spouses, but not with more distant ancestors.

The 2014 law broadened this principle, and the decision of 20 May 2021 gives it a broad and pragmatic interpretation. It confirms that the legislator wants to facilitate the transmission of agricultural land within families, recognising that the value of a farm is often built over several generations.

What few people know is that this trend goes beyond rural law alone. There is a similarity with certain rules in civil law, such as the thirty-year prescription (acquisition of ownership by prolonged possession), where successive possessions can sometimes be cumulated. This shows a willingness of the courts to take into account the reality of family histories and long-term transmissions.

For the future, we can expect this case law to be applied systematically by the courts of appeal. It could also influence other areas, such as commercial lease law or municipal pre-emption rights (right to buy first), where similar questions of cumulating periods sometimes arise.

In practice: what to do

Here is a checklist to guide you according to your situation:

1. If you are a landlord and wish to resume your property: total the years of holding by you and your relatives/in-laws up to the 3rd degree. If it is 9 years or more, you can serve a notice invoking this cumulation. Otherwise, wait or explore other options.
2. If you are a tenant and receive a notice to quit for resumption: check whether the landlord justifies 9 years of holding, personal or cumulative family. In case of doubt, quickly consult a lawyer to potentially challenge the notice.
3. If you are buying agricultural property: demand a written history of family holdings. Integrate this information into your purchase decision and the negotiated price.
4. If you are transferring a property to your children: include in the transfer deed (gift or succession) a mention of previous holding periods, to facilitate future proof.
5. In case of dispute: gather all documents (deeds, invoices, testimonies) proving successive holdings. The burden of proof lies with the one invoking the cumulation.

Do you find yourself 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 →