Updated on 16 July 2026.
We are frequently asked about the tenant farmer's rights when farmland is sold. The tenant farmer's pre-emption right allows the sitting tenant to purchase, as a priority, the land they farm when the owner decides to sell it. This right is governed by Article L412-1 of the French Rural Code. It requires the seller to issue a mandatory notification and gives the tenant a 2-month period to respond. This is the subject of our 6th article on the specific features of the rural lease.
Contents
1. What is the sitting tenant farmer's pre-emption right?
2. What conditions must the tenant farmer meet?
3. How is the planned sale notified?
4. In which cases does the pre-emption right not apply?
5. What commitment does the tenant farmer make after pre-emption?
6. The tenant farmer's pre-emption right in one table
7. FAQ: your questions about the tenant farmer's pre-emption right
The sitting tenant farmer's pre-emption right is the purchase priority enjoyed by the tenant under a rural lease when the owner sells the leased property.
This right is provided for by Article L412-1 of the French Rural and Maritime Fishing Code. It is a public policy provision of the rural lease. It applies whether the lease is written or verbal. It cannot be waived.
This priority is stronger than a simple right of first refusal. The tenant farmer may indeed challenge the sale price if they consider it excessive.
When the tenant farmer wishes to exercise their pre-emption right, they must take a position on the price proposed by the seller. To assess whether this price is consistent with the market, our land price observatory (DVF data 2020-2025) provides average and median prices as well as P10/P90 ranges by department. It is an objective reference for negotiating with full knowledge of the facts.
The tenant farmer must meet three cumulative conditions to benefit from this pre-emption right:
The tenant farmer may exercise this right in order to farm the land themselves. They may also transfer it to their spouse, their PACS partner involved in the farming operation, or a descendant meeting the same conditions.
The seller must enable the tenant farmer to exercise their pre-emption right. The planned sale must therefore be notified to them, generally by the notaire, by registered letter with acknowledgement of receipt or by bailiff's deed. This notification contains the price, charges and conditions of the sale. It constitutes an offer to sell.
The tenant farmer's pre-emption right applies to sales of land leased under a rural lease.
The tenant then has a 2-month period and 3 options:
In the latter case, both the tenant farmer and the landlord remain free to accept the price set by the Tribunal following an expert appraisal. The tenant farmer may waive their pre-emption right. The owner may withdraw from the sale.
If the owner sells several parcels of which only some are leased, they must allow the tenant farmer to exercise their right only over the leased parcels, by splitting the sale.
If the terms of the sale change after notification to the tenant, the procedure must be restarted from the beginning. Failure to respect the pre-emption right exposes the parties to the nullity of the sale and to damages. The tenant farmer has 6 months, from the day they become aware of the sale, to bring an action for nullity.
This pre-emption right only arises in the context of a sale (or an auction). It therefore does not apply:
Please note: the SAFER's pre-emption right cannot be exercised against a sitting tenant farmer who has been farming the property for at least 3 years.
One final point: a tenant farmer who has exercised their pre-emption right undertakes to farm the property themselves as owner for at least 9 years. Failing this, they are liable for damages to the ousted buyer.
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Element
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Applicable rule
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Legal basis
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Article L412-1 of the French Rural Code
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Required experience
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3 years working in the farming profession
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Area ceiling
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3 times the threshold set by the SDREA
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Response period
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2 months after notification
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Price challenge
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Possible before the TPBR
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Commitment after purchase
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Farm the property personally for 9 years
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Excluded cases
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Gift, inheritance, sale to a relative up to the 3rd degree, State and public authorities
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Penalty for non-compliance
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Nullity of the sale (action within 6 months) and damages
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The tenant farmer's pre-emption right in summary — Source: Article L412-1 et seq. of the French Rural Code.
The tenant farmer must have been working in the farming profession for at least 3 years, personally farm the property being sold, and not already own an area exceeding 3 times the threshold set by the SDREA of their region.
The tenant farmer has a period of 2 months from notification of the planned sale. Failure to respond within this period is deemed a waiver of their right.
No. The tenant farmer's pre-emption right only applies to sales. It is excluded in the event of a gift, an inheritance, or a sale to a relative or relation by marriage of the owner up to and including the third degree.
Yes. The tenant farmer may exercise their pre-emption right subject to the price being set by the Rural Lease Joint Tribunal (TPBR). After the expert appraisal, each party remains free: the tenant farmer may decline to buy, and the owner may withdraw from the sale.
Yes. The pre-emption right is set aside in the event of a gift, an inheritance, a sale to a relative or relation by marriage up to the third degree, a sale to the State or a public authority, and in the event of expropriation on grounds of public interest.
Author's note: The information we provide is purely informative and educational in nature and cannot replace an analysis carried out by a rural law professional. In the event of a dispute, difficulty, etc., we invite you to consult one of these professionals (lawyers, notaires, rural law specialists, etc.).
