2 June 2026
When a small woodland property is sold in France, neighbouring forest owners may, subject to statutory conditions, have a preferential right to buy at the proposed price and on the proposed terms. Several exceptions apply, including where the property combines woodland with another asset.
A house on land registered as woodland
The case concerned a single plot measuring less than four hectares, recorded in the land register as coppice woodland and containing a residential house. A neighbouring forest owner claimed the preferential right. The lower courts considered that the “mixed property” exception required several plots, at least one of which was not registered as woodland.
The exception can apply to a single plot
The French Court of Cassation rejected that interpretation. In its decision of 28 May 2026, it held that one plot registered as woodland may fall within the exception if it also contains another asset, whether built or unbuilt, such as a house or a pond.
In that situation, the owner may choose the buyer freely without being bound by the neighbouring woodland owner’s preferential right. The ruling balances the policy of consolidating small woodland holdings with property rights and freedom of contract.
Checks remain essential before a sale
The mere presence of a building does not automatically exclude every preferential right. The cadastral classification, surface area, precise composition of the property, nature of the additional asset and other statutory exceptions must all be reviewed in the circumstances of the transaction.
The decision concerns the preferential right of neighbouring forest owners. It is also relevant to the municipality’s preferential right because the French Forestry Code applies the same exceptions to it.
Read the French Court of Cassation decision of 28 May 2026, appeal no. 24-10.202.
Photo: Andrés Beltrán Espinosa / Unsplash.
Further reading : Agricultural Land: SAFER Powers Strengthened from 20 August 2026.
The office does not contractually guarantee the accuracy or currency of this information. Please consult one of the office’s notaries to assess how it applies to your circumstances.
