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Complies with the rules for setting
Droit Immobilier

Complies with the rules for setting

📅 Decision of 31 May 2012🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 17 views📖 2 min read

The clause setting the lease price by referring, for a first period, to the commodity applicable to bare land and, for a second period, to the commodity applicable to planted land complies with the rules for fixing farm rent under Article L. 411-11 of the French Rural and Maritime Fishing Code, provided both reference commodities are specified in the applicable prefectoral order.

Reference decision: cass. civ. • No. 10-27.125 • 31 May 2012 • Consult the decision →

This decision sheds important light on your property law rights. Here is what it changes for you.

The situation

The clause setting the lease price by referring, for a first period, to the commodity applicable to bare land and, for a second period, to the commodity applicable to planted land complies with the rules for fixing farm rent under Article L. 411-11 of the French Rural and Maritime Fishing Code, provided both reference commodities are specified in the applicable prefectoral order.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with statutory limitation periods for appeals
  • Keep all supporting documents (deeds, instruments, correspondence)
  • Plan ahead: preventive advice always costs less 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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Legal information

  • Number: 10-27.125
  • Court: Cour de cassation
  • Decision of: 31 May 2012

Keywords

droit immobilierjurisprudenceimmobilier

Practical use cases

1

Landlord splitting rent between bare and planted land

Marie owns a 20-hectare farm in Quimper, Brittany, with 10 ha of wheat fields and 10 ha of apple orchards. She wants to lease it for 18 years, setting annual rent at €300/ha for the first 9 years (wheat index) and €500/ha thereafter (apple index).

Practical application:

This Cassation ruling confirms that referencing two different commodities in a single farm lease is valid provided both appear in the applicable departmental prefectoral order. Marie must look up the prefectoral order for Finistère to ensure wheat and apples are listed as reference commodities. She should then draft the lease clause clearly stating both indices and retain a copy of the order. If a tenant later challenges the rent, she can rely on this decision to uphold the clause.

2

Tenant farmer questioning steep rent increase midway

Luc, a tenant farmer near Avignon, Vaucluse, signed a 12-year lease in 2015 for 30 ha of mixed land. The rent was €200/ha (indexed to lavender) for the first 6 years and jumped to €400/ha (indexed to table grapes) for the remaining 6 years, now payable since 2021.

Practical application:

This decision confirms that a split-index clause is legal if both commodities are in the Vaucluse prefectoral order. Luc cannot challenge the clause merely because it leads to a higher rent. He should immediately check the prefectoral order: if lavender and table grapes are both listed, the clause stands. If not, he may apply to the rural lease tribunal for a rent re-evaluation, citing non-compliance with Article L. 411-11. He must act within the statutory limitation period (5 years from the rent becoming due).

3

Buyer inheriting a lease with two-tier rent clause

Jean is buying a 50-ha arable farm in Caen, Calvados, which has a sitting tenant under a 2020 lease. The rent is €250/ha (wheat index) for years 1-9 and €450/ha (rapeseed index) for years 10-18. Jean wants to know if he can renegotiate the second period.

Practical application:

This Cassation ruling binds Jean: the existing lease clause is valid if wheat and rapeseed are specified in the Calvados prefectoral order. He cannot unilaterally refuse the increase. He should obtain the current prefectoral order from the departmental prefecture to confirm both commodities are listed. If they are, he must respect the clause and plan his farm budget accordingly. If they are not, he can request a rent adjustment from the tenant before completing the purchase to avoid future disputes.

Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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