Vine Planting Rights: They Belong to the Farmer, Not the Landlord

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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Practical use cases

Landlord in Juan-les-Pins: recovering the land without the rights

Mr. Dupont owns a 2-hectare plot in Juan-les-Pins, leased for 30 years to a winegrower. The lease ends; Mr. Dupont wants to sell the land as a vineyard. But the farmer obtained planting rights and takes them away. The value of the plot drops by 40%.

Practical application:

Mr. Dupont should have included a clause in the lease providing that planting rights acquired during the lease remain attached to the land. Failing that, he can only negotiate a buyout of the rights from the farmer, often at a high price. The 1996 case law prevents the judge from awarding the rights to the landowner.

Tenant farmer in Vallauris: keeping his rights after the lease

Ms. Martin, a winegrower in Vallauris, obtained replanting rights after a frost. Her lease expires, the landlord refuses to renew and wants to recover the rights. Thanks to the 1996 judgment, Ms. Martin can keep them and use them on another plot she farms.

Practical application:

Ms. Martin must ensure the rights are registered in her name and prove they were obtained for her farming operation. She can transfer them to another leased or owned plot. In case of dispute, she can rely on the case law against her landlord.

Buyer of a vineyard: watch out for planting rights

An investor buys a wine estate in Grasse. The seller guarantees that the planting rights are included. After the sale, the former farmer claims the rights he had obtained. The buyer ends up without rights, the vineyard loses its value.

Practical application:

Before buying, the purchaser must verify the origin of the planting rights: are they attached to the land or to the farmer's operation? He must require a certificate from the INAO (National Institute of Origin and Quality) and, if the farmer is still in place, negotiate a transfer of rights or a price reduction. The 1996 case law is a risk not to be overlooked.

Vine Planting Rights: They Belong to the Farmer, Not the Landlord

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Practical use cases

Landlord in Juan-les-Pins: recovering the land without the rights

Tenant farmer in Vallauris: keeping his rights after the lease

Buyer of a vineyard: watch out for planting rights

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