Paragraph 3: Preferential allocations.

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831831-1831-2831-3832832-1832-2832-3832-4833834

Article 832-1

French Civil CodeIn force
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Updated 7 Nov 2023

If maintenance in undivided ownership has not been ordered and in the absence of preferential attribution in ownership under the conditions provided for in article 831 or article 832, the surviving spouse or any co-owner heir may apply for preferential allotment of all or part of the agricultural property and property rights dependent on the estate with a view to setting up an agricultural land grouping with one or more co-heirs and, where applicable, one or more third parties.

This allocation is by right if the surviving spouse or one or more of the co-heirs meeting the personal conditions set out in article 831, or their descendants actually participating in the farm, require that all or part of the group's property be leased to them, under the conditions set out in Chapter VI of Title I of Book IV of the Rural and Maritime Fishing Code.

In the event of multiple requests, the group's assets may, if their consistency allows, be the subject of several leases benefiting different co-heirs.

If the terms and conditions of such lease or leases have not been agreed, they shall be fixed by the court.

The property and property rights that the applicants do not intend to contribute to the Groupement Foncier Agricole, as well as the other property of the estate, are allocated by priority, within the limits of their respective inheritance rights, to the undivided co-owners who have not consented to the formation of the Groupement. If these undivided co-owners are not satisfied of their rights by the allocation thus made, a balance must be paid to them. Unless there is an amicable agreement between the co-partitioners, any balance due is payable in the year following the partition. It may be the subject of a dation in payment in the form of shares in the groupement foncier agricole, unless the interested parties, within one month of the proposal being made to them, have made known their opposition to this method of settlement.

The division is not complete until the deed establishing the groupement foncier agricole and, if applicable, the long-term lease or leases have been signed.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

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15+ Years In Corporate Practice

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