Published by carratelli4 years ago

The term pre-emption refers to the right to be preferred over other parties in the conclusion of a certain type of contract...

The term pre-emption refers to the right to be preferred over other parties in the conclusion of a certain type of contract. 

 

What is agrarian pre-emption? 

Among the legal pre-emptions there is that agrarian which consists of the right to be preferred to other parties for the purchase of agricultural land when the owner decides to sell it. 

 

Who has the right of pre-emption on agricultural land?

  • -It is available to the farmer who has been renting the land being sold for at least two years. It can also be exercised by an agricultural company, provided that half of its members are qualified as farmers.
  • -If the land is not leased to a direct farmer or to an agricultural company, the right of pre-emption belongs to the direct farmers, to the agricultural companies (whose half of the members have the status of direct farmers) or to agricultural entrepreneurs who own the neighbouring lands.
  •  

How is agricultural pre-emption exercised? 

The owner of the agricultural land for sale must notify through registered letter the sale proposal, to the tenant or neighbors, attaching the preliminary sales contract (compromise) containing the name of the buyer, the price and the other conditions established for the transfer. The recipient of this communication has thirty days to exercise this right of pre-emption. If the right is exercised, the contract is considered concluded and the party is required to pay the price within three months. The pre-emption right can be volunteer (if established by agreement between the parties), or link (if required by law). 

 

What is the right of redemption? 

When the land is sold without notification, or when the price indicated in the notification is higher than that resulting from the sales contract, the person entitled to pre-emption may redeem the land from the buyer within one year of the registration of the sale in the land register.

 The ransom (or retracted) in fact the remedy provided for the hypothesis of violation of the pre-emption provisions: it is a remedy that serves to restore the same objectives pursued by the law with the pre-emption in the event of a possible violation.

Carratelli

Get the latest news

To get to know our properties for sale and rent in advance and to be always up to date on the wide range of services offered by our real estate agency, subscribe to the newsletter.