Wood and forest

Right of preference: you can refuse to sell your plot of wood to your neighbor

Publié le 05 décembre 2023 - Directorate for Legal and Administrative Information (Prime Minister)

You own a forest and your neighbor is considering selling his. As a joint owner, you have a preferential right to acquire this property. However, the exercise of that right does not by itself enable the sale to be made. The owner of the forest can always give up selling once the preference has been given. This is the decision just rendered by the Court of Cassation in a judgment of 28 September.

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Image 1Crédits: phildu56 - stock.adobe.com

To prevent the fragmentation of forest ownersèthe law established a right of fertilization for adjoining neighbors in the case of the sale of forest plots with a è area of less than 4 hectares.

By a private deed, the owner of a wood promises to sell it to a couple of friends. The notary notifies this intention to sell to the neighbor of the wooded plot. The latter declares to exercise his right of preference, pursuant to Article L 331-19 of the Forestry Code, under the conditions and at the price indicated.

The seller retracts, using his freedom to renounce to sell his property. The neighbor next door, considering the sale to be perfect by virtue of the effect of his preferential right, is seeking legal redress to replace the couple in the execution of this sale.

The Court of Appeal granted his request.

The Court of Cassation annuls the appeal decision. The offer made to the adjacent owner by the notary of the seller does not constitute a firm offer for sale. Therefore, the seller has the right to freely renounce the sale, even after the exercise of the right of preference by the neighbor.

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