Buying Agricultural Land in France
If you are purchasing a property in France with a hectare or more of land, then the purchase will be brought to the attention of SAFER http://www.safer.fr/ (The Société d’Amenagément Foncier et d’Establissement Rural) by the Notaire.
This can cause problems you did not expect and you must get all matters clearly sorted, (by your honest and clever estate-agent) in writing, before you sign.
Here is an email I received today.
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Hello ,
I own a property in the Languedoc Roussillon area which I bought 6 years ago. I bought some agricultural land around it 3 years later on the understanding that it was deemed “extension of garden†and that I could, within reason, do what I liked with it. This was reflected in the the fact that the land was being parcelled off by the environmental agency “SAFER†at a cost to me of twice as much per hectare as the cost to my farmer neighbour.
I have recently been trying, with the help of my avocat, who says I am completely in the right, to get my neighbour to stop tresspassing on my land so that I can put up a fence and gate on the edge of the property. He crosses my land with his farming equipment and lorries at the point of entrance on my property due to a ‘right of way’ clause that was added to my land purchase contract at the last moment. However, as soon as it was known that I was willing to go to a tribunal to make everything official I was contacted by SAFER who basically threatened to make my life ‘extremely difficult’ if I pursue the case.
In the smallprint of my sale document, SAFER have stipulated that in order to qualify to keep the ‘garden extension’ (as it was described verbally) I would need to register as a full time farmer and pay the annual ‘cotisation’ as a farmer. At the time of purchase my french partner was planning to plant cranberries so this wouldn’t have been a problem, but he subsequently left me with this legal connundrum whereby I face a heavy fine if I do not register as a farmer and start farming full time (I am an artist in reality with two children to look after), or face possibly losing the land.
According to my Avocat I would be hard pressed to prove any scullduggery but although I would be entitled to pursue an action through a tribunal to get my neighbour off my land, in his opinion I would be risking nasty retribution on the party of la SAFER, including compulsory purchase of my land.
The case IS complicated and I have tried to give you the briefest of details here.
Can you help or advise? Red tape and sheer fear seem to be the order of the day here.
If nothing else perhaps some of your readers could learn from my experience.
With very best wishes,
Amanda
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Hello Amanda,
The main function of SAFER (The Société d’Amenagément Foncier et d’Establissement Rural) is to consolidate the fragmented structure of farming land in France and they do have a lot of special powers to force sales, access and overrule rights which could obstruct efficient farming.
The job of this agency is to decide whether agricultural land should remain in agricultural use. In practice, it rarely exercises this right, but the notaire (a French lawyer who will hand the conveyancing of the property sale) is under an obligation to notify SAFER to give it the opportunity to object to any sale of substantial agricultural property.
SAFER has up to two months following completion of the contract to announce if it wishes to exercise its right. It it does so, then any agreement is null and void.
http://www.safer.fr/ SAFER in France
http://www.saferlr.com/ SAFER in Languedoc Roussillon
The main function of the Notaire is to ensure that taxes are paid on property transactions and that what is presented to them is correct, strictly speaking they do not act in any one persons interest.
The main function of Mayors and officials is to get re-elected and safeguard their powers and pensions.
Add to this the facts that you are in a predominately farming community/region/country, that all power corrupts and that we are “strangers in a strange landâ€Â.
Thank you for the suggestion that this could be a warning to others. I would add to this that buying property in France is very much a case of “Caveat Emptor†- you must scrutinise and understand all implications in all documents before you sign them and you must understand all the implied legal obligations and rights.
There is no legal tradition of precedent in France - only of deposition. This means that if it ain’t written down, it don’t exist - unless of course it does (is written down) somewhere else and it is then your problem to find this out first and get the answer written down.
My gut reaction is to fight the rascals, go to the tribunal and then demand arbitration - experience tells me to roll over and die.
Life gets tedious, don’t it?
Bonne Chance
Tony
Building in France, coast country france, france, Investment, land, land purchase, Languedoc, Personal, property, property in france, purchase contract, Real Estate, real estate agency, safer
