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Letting the hamlet use some of my land for grazing?

Posted by andylekker - Created: 3 years ago
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10 replies (Showing replies: 1 to 10)

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Posted by andylekker - 3 years ago

hi Fish, yes its not a huge piece of land, but it would be sufficient for 2-3 sheep or goats, which is what some of my neighbours have. I think it is useful for them to be able to rest their own land from time to time to let the grass re-grow and it also can help break the life cycle of certain parasites and pests to let their fields lie fallow. 

anyway, i heard back from the notaire. a short reply but encouraging:

"If the person you want to rent the plot (with or without rent) is not a farmer there is no problem as long as you signed no lease, you can retrieve it. By effectively against the case of a farmer so beware you must not touch rent and not to sign anything. I hope this will help you."

 

i will now see how much will there is from the neighbours to do this, if they still seem keen on it and i/we can get it fenced off for a decent price then i'll probably give it a try

A.

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Posted by Fish24 - 3 years ago

How many animals can one expect to graze on 10m x 30m?

It is about the space of the foundations of my house and I can't see the animal(s) getting very fat on that!

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Posted by sabc15-427548 - 3 years ago

I agree with kimbocafe,there are trust worthy people out there and hopefully many of them,I personally don't know anyone who would burgle your house or steal your car,but there are many people who do burgle & steal,who are they,how do you reconize them,if the original poster goes ahead with their plans and all goes well,please post your success, but I can't help in this case being a doubting Thomas.sabc 15. 

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Posted by kimbocafe - 3 years ago

I have horses and donkeys and it is amazing how many people ask me to bring a couple of them for a few weeks at a time to keep the grass down.  Some places I fence myself, some places they have fences in place.  I sort out water and people trust me on their land.  My lot get to move to nice grazing for much of the year and all of these offers are for free use of the land.  One person let me use his little bit of land on and off for over two summers, then he told me he preferred not to have them the following summer - no problem, I respected his choice.  The following year he asked me back again. Contrary to what some people on here think, there are respectful people out there and I get more offers of grazing than my lot can eat. 

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Posted by Tryval - 3 years ago

My BEST WISHES, me, I would not do it, too complicated, Kind Regards, Bill.

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Posted by andylekker - 3 years ago

forgot to post the link!

https://list2.pwc.fr/exemptions-from-tenant-farming-do-your-homework.html

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Posted by andylekker - 3 years ago

thanks tryvel, sorry, i should clarify that i didnt mean that all the responses were negative in this thread... just that i am often surprised by the level of negativity shown on anglo-info in general - not by everyone but its more than i would have expected.

anyway i chased up the notaire today so hopefully i may hear back soon.

i found this link which is pretty good at explaining. as some mentioned in the thread it seems that receiving payment of any kind is the big no-no if you are trying to avoid a 'bail rural/rural contract'. the section marked "Commodat or prêt à usage" is interesting and perhaps one way to proceed.

"

The contract of commodatum or loan for use is governed by articles 1875 to 1891 of the Civil Code, and it allows a landowner to offer their property to an operator for no consideration and for a predetermined term.

Since no monies are paid, this cannot constitute a rental contract or agricultural lease, since under the terms of article L.411-1 of the Rural and Maritime Fishing Code such a lease must be offered "in return for payment" to qualify as such.

It is important to understand the meaning of "no consideration" in relation to this contract. Any consideration, whether it is money, benefits in kind, or services, will automatically lead to the reclassification of the loan as a let and hence a lease subject to tenant farm status if the subject of the loan is of an agricultural nature.

The maintenance of the building on loan is not sufficient to constitute consideration in this sense and hence to render the agreement liable to tenant farm status. In fact, under the terms of article 1886 of the Civil Code, the borrower of a building is required to carry out the routine maintenance required as a result of its use.

Any contractual obligation requiring the borrower to carry out work on the property, however, such as replantation, to pay costs such as property tax, or to offer services such as maintenance for another of the owner's properties will qualify as consideration and lead to the reclassification of the contract.

It is therefore vital to pay careful attention to the terms of this kind of contract. Indeed, in the case of vineyards, they are not always accepted by the viticulture authorities."

A.

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Posted by Tryval - 3 years ago

My own personal opinion was given kindly, I am not at all negative, married to a French girl, but I agree with the, as you read negative, as I read, realistic, replies, do as you think correct! best of luck with your magnanimous gesture.

Kind Regards.

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Posted by andylekker - 3 years ago

not sure what "determined to want to be liked " really means? afaik the residents of the hamlet already like us, or if not they are doing a very good impression of liking us. They have done quite a few things to help us since we bought the house, and asked for nothing in return. 

not heard back from the Notaire as yet - i will keep you posted

whilst opinions are divided, it's probably true that  the majority of people have told us that this is a bad idea. Perhaps they are right, or perhaps it is just a reflection of the negativity i see on this forum much of the time? 

thanks again all

A.

 

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Posted by MockTheCasbah-979852 - 3 years ago

More replies here say don't do it but the o.p. comes across as being determined to want to be liked and risks losing their land in the process. BTW, 'they' don't have to be farmers in order to keep said land. However, since you say you have now contacted a Notaire, what exactly did they say?

I think sabc15's quote summed it up nicely.