Mezzadria

Sharecropping is a so-called "partnership" contract by which a landowner grants tenancy of his or her land, including land and farm buildings, to a farmer (so-called sharecropper), with whom he or she shares--usually to the extent of 50 percent each--the…

Actions to defend possession and agrarian contracts

The action of reinstatement or perusal serves a recuperative function, providing protection to the possessor (or holder) who has been deprived, violently or covertly, in whole or in part, of possession of the thing. Recovering function also valid in the…

Right of first refusal compared

Even before the enactment of the relevant legislation, the Civil Code provided in Article 732 of the Civil Code that, in the event of alienation by the co-heir of his or her share or part of it to an outsider,…

Communion and lease

In the agrarian sphere, it is common practice to enter into ultra-nine-year leases, even lasting fifteen years under the Agricultural Law, without this type of agreement losing its effectiveness and relevance to third parties. Law 203 of May 3, 1982,…

Extraordinary repairs under contract

By entering into a lease agreement, mutual rights and duties arise between the parties, which are variously regulated depending on the party of reference and the object of performance. In agrarian matters, although tenancy contracts of rustic land and its…

Sale of undivided share of property

It frequently happens that a property originally owned by a single person, due to inheritance or by inter vivos deed of transfer, comes into the ownership of a plurality of persons, constituting a pro indiviso community over the same property.…

Right of first refusal in case of new lease

The agrarian regulations, in addition to providing for the right of first refusal of the neighboring direct tenant and the tenant himself in case of sale of the neighboring/tenanted land - as respectively regulated - also protect the tenant in…

Lease and purchase of the funds by the co-heir under the industry regulations

As is well known, in agricultural matters, regulations in the field are, for the most part, aimed at the protection of the tenant farmer and the increase, modernization and rationalization of agricultural estates for better exploitation and simultaneous preservation of…

Agricultural land, capital buildings and taxation

Pregnant were the changes introduced by Law Dec. 28, 2015, no. 208 (so-called Stability Law 2016) on the payment ofIMU (Single Municipal Tax) on agricultural land, where certain objective and subjective characteristics are met. In short, an exemption from paying…

Supervening buildability of the fund and assignment of claim

In the case of supervening buildability of the leased land, posed the provision of compensation to be paid to the tenant pursuant to Article 50 of Law 203/82 for the removal of the land, to be quantified alternatively in the…