The term pre-emption refers to the right to be preferred over other subjects in the conclusion of a certain type of contract.
What is the agrarian pre-emption?
Among the legal precedents there is the agrarian one which consists in the right to be preferred to other subjects for the purchase of agricultural land when the owner decides to sell it.
Who is entitled to the right of agricultural pre-emption?
How is the agrarian pre-emption exercised?
The owner of the agricultural land for sale must notify the proposed sale, the tenant or the neighbors by registered letter, attaching the preliminary sale / purchase agreement containing the name of the buyer, the price and the other conditions established for the sale.
The recipient of this communication has thirty days to exercise this right of first refusal. If the right is exercised, the contract is considered concluded and the subject is required to pay the price within three months.
The pre-emption can be voluntary (if established by agreement between the parties), or legal (if required by law).
What is the right of release?
When the land is sold without making the notification, or when the price indicated in the notification is higher than that resulting in the purchase contract, the person entitled to pre-emption can redeem the land from the buyer within one year from the registration of the sale in real estate registers.
The release (or retract) is in fact the remedy provided for the hypothesis of violation of the discipline on pre-emption: it is a remedy that serves to restore the same objectives pursued by the law with the pre-emption in case of a possible violation.