Agricultural litigation: trial before the Joint Court of Rural Leases (TPBR)

Verified 07 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

You own or operate agricultural land or buildings and you have a dispute with the rural lease holder? You are farm worker and you have a conflict with the owner of the farmland? We will explain how to apply to the Joint Rural Lease Court.

The Joint Rural Leases Tribunal shall disputes between owners and operators of agricultural land or buildings, regardless of the amount.

For example, a conflict may arise over any of the following:

  • Rent amount
  • Term of lease of land
  • Content of the lease
  • Operating authorization.

In the event of the death of the lessee, the lease shall continue to the benefit of one of the following persons:

  • Spouse
  • Partner with whom it is bound by a civil pact of solidarity
  • Ascendants and descendants participating in the holding or having actually participated in the holding during the five years prior to the death.

In the case of sale by the owner of a rural lease, the lessee shall benefit from a right of first refusal. Various requests for the right of pre-emption may be submitted to the Joint Rural Lease Court. For example, it could be a conflict over the market value of the property and the terms of sale.

Please note

The chairman of the Joint Rural Lease Court shall have his own powers. In case of emergency, it may be seized by interlocutory for measures without serious dispute or justifying the existence of a dispute.

The legal claim is formed by bailiff's deed, by request or, if the parties so agree, by joint request.

In emergency situation, the court may be seised by a subpoena in interlocutory.

Act of Commissioner of Justice

L'act of commissioner of justice must contain certain mandatory particulars:

  • Appointment of the competent court
  • Purpose of the claim (damages, delivery of property, cancelation of a contract...)
  • Full identity of the parties
  • Grounds for the dispute
  • Parts List

You can ask a lawyer to help you draft the subpoena.

Who shall I contact

If your income doesn't allow you to pay a lawyer, you can apply for legal aid.

The competent court shall be that of the place of the situation of the property concerned.

Who shall I contact
Query

You may bring an action before the court by surrendering to the Registry a request.

The query should include the following:

  • Full identity of the parties
  • Court seised
  • Purpose of the claim (damages, payment of rent, cancelation of the lease contract...)
  • Grounds for the dispute
  • List of parts (which must be supplied in as many copies as opponents)

You must encrypt your requests (€100 damages, for example).

It must be dated and signed.

You can write the application yourself or have a lawyer do it.

If your income doesn't allow you to pay a lawyer, you can apply for legal aid.

The competent court shall be that the place of the situation of the property concerned.

Who shall I contact
In case of agreement (joint request)

In agreement with your opponent, you can bring an action before the court by surrendering to the registry a joint request.

This request, jointly signed by the parties, must indicate your points of agreement and your points of disagreement.

The query should include the following:

  • Full identity of the parties
  • Court seised
  • Purpose of the claim (damages, payment of rent, cancelation of the lease contract...)
  • Grounds for the dispute
  • Parts List

It must be dated and signed.

The competent court shall be that of the place of the situation of the property concerned.

Who shall I contact

Please note

The use of a commissioner of justice (former bailiff and judicial auctioneer) is mandatory for applications submitted for publication in the real estate file. For example, in the event of an action against a sale made in violation of a right of first refusal.

Step 1: Attempt to Reconcile

You and your opponent are summoned by the court registry to an attempt at compulsory conciliation, Such conciliation shall be carried out by the court or by a conciliator of justice. At least 15 days must elapse between the date of the summons and the attempt at conciliation.

The parties are required to to introduce themselves personally however, it is possible to be represented if there is a legitimate reason.

The people who can assist or represent you are:

  • Lawyer
  • An adult member of your family (father, mother, brother, sister, or child)
  • Person you live with as a couple
  • Commissioner of Justice
  • Member or employee of a professional agricultural organization

You and your opponent must seek an amicable agreement.

If an agreement is reached, the parties shall sign a conciliation report.

If conciliation is not possible, the matter is referred to a hearing for trial.

Step 2: Judgment Hearing

You and your opponent must appear personally at this hearing.

Please note

The procedure may take place without hearing. The parties must give their agreement in writing.

Step 3: Court Decision

You will be informed of the court's decision by a notification of the registry of the tribunal (by registered letter with request for notice of receipt).

The notification shall allow the time limit for appealing against the decision to run. The type of appeal you can pursue is indicated in the Registry’s notification.

The remedy depends on the value of the dispute.

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Litigation up to 5000 €

Where the value of the dispute is equal to or less than €5,000, the call is impossible.

The only way to challenge the judgment is to appeal in cassation.

Dispute over 5000 €

If the value of the dispute is greater than €5,000 or is indeterminate, it is possible to enter the court of appeal.

The appeal must be made within a certain period 1 month from notification of the contested decision.

The assistance of a lawyer is not mandatory.

The procedure before the court is free.

However, the costs incurred by you for the work of your lawyer or the Commissioner of Justice are borne by you. If you don't have enough resources, you can legal aid to cover all or part of these costs.

Please note

If you lose your business, you are normally ordered to pay back the costs of the trial to your opponent. That's what we call the costs.

Who can help me?

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    Cost: free service

    The informants who answer you are from the Department of Justice.

    Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.

    The service is available at the following times:

      • Lundi : de 08h30 à 17h30
      • Mardi : de 08h30 à 12h15
      • Mercredi : de 08h30 à 12h15
      • Jeudi : de 08h30 à 17h30
      • Vendredi : de 13h00 à 16h15

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