Rural Law Attorney●Agriculture

Rural and agricultural law plays an essential role in the lives of farmers, landowners, and stakeholders in the agricultural and wine sector. It governs significant economic and patrimonial issues, ranging from the management of family farms to the transfer of estates, including disputes related to leases, easements, and operating permits. Consulting a specialized rural law attorney ensures the legal security of your projects and effectively defends your rights in case of litigation.

• Rural leases (drafting leases/derogatory agreements, advice on tenant-landlord relations, termination, notices, assignment, renewal, setting of rent, farm development, etc.)
• Pre-emption tenant / SAFER Pre-emption (analysis of rights, litigation, negotiation)
• SAFER (challenge of preemption decisions, requests for retrocession, procedural defects, lack of reasoning, abuse of power, SAFER lease and allocation, specifications…)
• Control of structures: operating permits, CDOA, regularization procedures, financial penalties…
• Land consolidation (remembrement, amicable exchanges, CDAF, disputes related to boundaries and easements…)
• Forestry Law, Hunting (hunting plans, offenses, neighbor disputes, liability for game damage…)
• Farm roads, rural roads, rights of way and easements, neighbor disputes
• Cooperatives, CUMA (creation, operation, internal disputes, member liability)
• Mandate for sale of wine estates (legal and tax support, transaction security, preliminary audit)
• Taxation of wine-growing transactions (tax optimization, registration fees, VAT, capital gains)
• Vineyard estate audit (comprehensive legal and tax analysis, asset valuation, due diligence)

Our law firm specialized in rural and agricultural law meets this requirement thanks to its experienced team, composed of three partners holding the specialization designation. For many years, we have been assisting farmers, winegrowers, foresters, cooperatives, and landowners in all matters related to land use, management of family or corporate farms, as well as disputes that may arise. Our expertise covers all areas specific to the agricultural and rural world.

Lawyer for Rural Leases – tenant farming status

Our lawyers advise you in the negotiation and conclusion of rural leases (duration, amount of rent, specific clauses, etc.) and agreements derogating from the farm lease status (leases transferable outside the family framework, loan for use, boarding, sale of grass, grace period, etc.).

Our firm assists both landlords and tenants in the execution of their agreements: making the lease available to an operating company, contribution of the lease right, carrying out works (drainage, irrigation, agricultural buildings), issues related to the assignment of the lease to a spouse or descendant.

We also intervene in the context of the termination or end of the lease (drafting and serving notices, judicial actions for termination, amicable termination). We assist you in managing the consequences of these procedures: farm exit accounts, expert appraisal, compensation for land and crop improvements, action for recovery of undue payments (key money, exit indemnities, damages).

Lawyer Control of structures – operating authorizations

Our law firm advises farmers, whether individuals or in a company, on their projects for establishment, expansion, or restructuring. We conduct a thorough analysis of their legal situation to verify whether they are subject (or not) to the prior authorization regime for farming.

We assist you in preparing and filing the application with the competent authorities (Prefecture, DDT, CDOA), whether for an authorization request or a simple prior declaration (family assets).

In case of difficulties, our lawyers defend your interests before administrative and judicial authorities (Prefecture, Appeals Commission, Administrative Court). We also intervene in procedures for formal notice to regularize or cease operations under penalty of financial sanctions.

SAFER Lawyer

Our firm Macfarlanes LLP analyzes in detail the sale or acquisition projects, whether they concern individuals, agricultural companies or institutional investors, to determine whether the operation is subject to the SAFER pre-emption right.

We advise our clients from the Declaration of Intention to Alienate (DIA) phase, in order to properly clear the right of pre-emption and secure the transaction. In the event of a pre-emption decision by the SAFER (simple pre-emption, price revision or partial pre-emption), we ensure the defense of your interests before the competent authorities.

Our lawyers also intervene in retrocession procedures: preparation and monitoring of application files, litigation against unfavorable opinions of the Technical Committee, appeals against retrocession decisions. Finally, we advise and assist operators in complying with and challenging the specifications imposed by the SAFER.

Operating throughout France, particularly in regions with strong agricultural and wine-growing activity, the firm offers complete and tailor-made support. Whether it is negotiating a rural lease, contesting a SAFER decision, preparing a transfer or optimizing the taxation of a transaction, our lawyers specialized in rural and agricultural law put their skills at the service of your interests, with rigor and responsiveness.

The firm Macfarlanes LLP offers recognized expertise in agricultural, wine, and land law. Its three partners holding the specialization in rural law assist farmers, landowners, investors, and cooperatives alike. Their mission: anticipate legal difficulties, secure transactions, advise on strategic choices, and represent their clients before civil, administrative, and specialized courts.