Anne and Benoît own a 3-hectare parcel of woodland. They are considering selling it. A friend of the couple has already agreed to buy it. But they've heard that it could be more complicated than expected. Stéphanie Swiklinski, a qualified notary, answers their questions.
Anne: Why can't we sell the plot to our friend?
Stéphanie Swiklinski : In the event of the sale of a wooded parcel, the Forestry Code provides for a right of priority over the seller. This is the preferential right of neighboring owners. This means that even if you've already found a buyer, your friend may not be able to buy the plot. In the event of the sale of a property classified in the land register as woodland and with a surface area of less than 4 hectares (the conditions are cumulative), the owners of a parcel adjoining the one being sold benefit from a preferential right. They therefore have priority to buy. Once again, the right of ownership has its limits, as you can't sell to anyone you like.
Article L 331-19 of the French Forestry Code
"In the event of the sale of a property classified in the land register as a woodland or forest and with a total surface area of less than 4 hectares, the owners of an adjoining wooded parcel, such as the owner of the land in question, have a right of first refusal.e parcel, as designated on the cadastral documents, benefit from a preferential right under the conditions defined in the present article. The same provisions apply in the event of the transfer of undivided rights or real rights of use relating to this property.
Benoît: How should we proceed then?
Stéphanie Swiklinski: Whatever the case may be, your notary will be able to advise you and will take care of all the formalities to be carried out, so that everything goes as smoothly as possible. If you ignore this right of preference, you run the risk of having the sale cancelled. You must therefore notify the neighbors concerned of the planned transfer by registered letter with acknowledgement of receipt , or by hand-delivery against receipt. They then have two months to make their decision known. If several of them are interested, you will be free to choose to whom you wish to sell. In any case, they will have priority over your friend.
Anne: Apparently, neighbors aren't the only ones who have priority when it comes to buying?
In the same cases as those in which neighboring forest owners have a preferential right, the commune can also assert such a right, even though it has no contiguous wooded parcel. You will therefore also be obliged to notify the mayor of the price and conditions of the proposed sale by registered letter with acknowledgement of receipt. If the commune declares that it is exercising its preferential right and enters into competition with neighboring forest owners who have also exercised their preferential right, you will be free to choose to whom you wish to sell your parcel.
Please note that if the commune has an adjoining wooded parcel managed in accordance with a management document, it will benefit from a right of first refusal.If the commune has an adjoining wooded parcel managed in accordance with a management document, it has a right of pre-emption in the event of the sale of a property classified as woodland in the land register and with a total surface area of less than 4 hectares. This is a right of pre-emption, which is different from the right of preference. It's hard to get your head around!
The difference between woods and forests
Woods and forests are defined as a certain area of land planted with trees. However, the term "forest" only applies to woodland larger than 5,000 hectares.
Stéphanie Swiklinski