Agricultural lease: the exception of nullity is not perpetual

Reference decision: cc • N° 04-18.096 • 2006-02-08 • View decision →

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

The exception of nullity can only be raised to defeat a claim for performance of a legal act that has not yet been performed. Therefore, a court of appeal violates the principle that the exception of nullity is perpetual by applying it when it upholds an exception of nullity concerning an agricultural lease which it had found to have been performed.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

Scrupulously observe the legal time limits for appeals
Keep all your supporting documents (titles, deeds, correspondence)
Anticipate: preventive advice is always cheaper than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Practical use cases

Tenant challenges void lease after moving out

A tenant in Lyon signed an agricultural lease that was void due to missing formalities. After farming the land for two years and then vacating, the tenant seeks to have the lease declared void to avoid paying arrears.

Practical application:

This case law prevents the tenant from raising the nullity exception because the lease was already performed. The landlord can enforce payment of arrears. The tenant should have raised the issue before performing the lease. Landlords should ensure leases are formally valid from the start.

Landlord sued for rent after void lease

A landlord in Bordeaux discovers his agricultural lease is void because it was not registered. The tenant stops paying rent and claims the lease is void. The landlord sues for unpaid rent.

Practical application:

Since the lease was performed (the tenant occupied the land), the tenant cannot use the nullity exception to avoid paying rent. The landlord can claim rent for the period of occupation. Landlords should register leases promptly to avoid voidness risks.

Buyer of farm seeks to cancel sale after harvest

A buyer in Toulouse purchases a farm with a void agricultural lease. After the tenant harvests the crop, the buyer wants to cancel the lease to regain possession. The tenant argues the lease is void.

Practical application:

Because the lease was performed (harvesting is performance), the nullity exception cannot be raised. The buyer cannot cancel the lease based on voidness. The buyer should verify lease validity before purchase and negotiate with the tenant or wait until lease expiry.

Agricultural lease: the exception of nullity is not perpetual

The situation

What the law says

Key points to remember

Legal information

Source

Keywords

Practical use cases

Tenant challenges void lease after moving out

Landlord sued for rent after void lease

Buyer of farm seeks to cancel sale after harvest

About the author

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Maître Zakine, Doctor of Law