Q. I have nearly eight acres of pastureland around my house in the village of Gacé in Orne. When my partner retires in two to six years we intend to move there and use this land to keep sheep and chickens, but currently it is proving a little difficult to get over and tend to the grass.

Rather than pay someone to mow it, I thought I could lend it to somebody with cattle; although I read on page 62 of Jeremy Hobson’s book, Rural Living in France, that if I do, they would have tenancy rights of at least nine years. I would like to know where I stand legally regarding lending my land free of charge to a neighbour with cattle.

Mr Stephan Travis, Southampton

A. Traditionally, pasturing animals on what is otherwise fallow land is deemed to improve it, so that even if the arrangement is rent-free, the owner may be considered to receive something in return for making the land available to a farmer. The farmer might also be required to fence the land or to maintain or improve existing fencing. Any of these considerations may create an obligation to compensate the farmer for improvement value in the event the owner gives notice of termination.

In addition, leaving the arrangement unrecorded can at best cause confusion as to duration, right to give notice, liabilities etc, and might by default allow the farmer to claim he has a rural lease of fixed duration. If the property is in an area covered by a local by-law to such effect, article L.481-1 of the Rural Code may in such case impose a minimum five-year renewable term on such pasturing arrangements. Although this mainly applies in mountain areas, it should be checked with the local mairie or sous-préfecture, and if applicable, it is probably best not to agree any pasturing arrangement at all, whatever the perceived advantages in terms of upkeep.

An ordinary rural or agricultural lease is for a minimum of nine years. It does not have to be a written lease and in principle must be renewed on expiry or the owner must compensate the farmer for his ‘loss’. In order to avoid this applying by default, it is best to make a written agreement subjecting the arrangement to article L.411-2 (para 3) of the Rural Code. This specifically excludes arrangements made by the owner of residential property for upkeep of his surrounding land from the rules relating to rural leases.

Such an agreement may specify that the owner of the animals is liable for fencing and for damage done to neighbouring property, and should in any event indicate when and on what notice the owner may terminate it. An alternative would be simply to sell the grass on a regular basis as hay or animal fodder to any local farmer who wishes to cut it, so that no animals are pastured permanently on the land.