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RURAL LEASES: LEGAL KEYS TO PROTECT THE FARMER,S RIGHTS IN LAND USE

Por Diego Ricardo Molinari Chiarappa / 15 de septiembre de 2025

💡 MCHM Lawyers - Lawyers - Contracts
📎 Rural leases: Legal keys to protect the farmer,s rights in land use
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👉 Agricultural Contracts: Rural Leases and Farmers´ Rights
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💬In the context of the rural world, agricultural contracts represent an essential legal tool to ensure the stability, productivity, and sustainability of agricultural holdings. Among them, the rural lease contract occupies a prominent place, as it regulates the transfer of the use of land destined for agricultural, livestock, or forestry activities. This type of contract not only establishes the conditions for the use of the land but also defines the rights and obligations of both the owner and the tenant farmer. ✍️
What is a rural lease?
A rural lease is a contract through which the owner of a property grants its use and enjoyment to another person —the tenant— so that they can farm it, in exchange for a rent. This contract is regulated by Law 49/2003, on Rural Leases, which establishes a specific legal framework for this type of relationship, differentiating it from urban leases or other types of transfers.
The main purpose of the rural lease is to encourage agricultural activity, facilitate access to land, and promote the modernization of the agricultural sector. In this sense, the law seeks to balance the interests of the owner and the farmer, ensuring legal certainty and fair conditions for both parties.
Essential elements of the contract
For a rural lease contract to be valid, it must contain certain essential elements:
• Identification of the parties: owner (landlord) and farmer (tenant).
• Description of the property: location, area, boundaries, and agricultural characteristics.
• Duration of the contract: the law establishes a minimum duration of five years, automatically renewable if neither party states otherwise.
• Rent: the amount, method of payment, and frequency must be clearly established.
• Conservation obligations: the tenant must keep the property in good condition, carry out appropriate agricultural tasks, and prevent its deterioration.
Tenant farmer´s rights
The farmer who leases a rural property acquires a series of rights that allow them to carry out their activity with guarantees:
1. Right to use and enjoy the property
During the term of the contract, the tenant has full right to use the property for agricultural activities, as long as they respect the agreed conditions and the applicable regulations. This includes the possibility of making improvements that increase productivity, such as installing irrigation systems or planting permanent crops.
2. Right to contract renewal
The law provides for the automatic renewal of the contract if neither party expresses their intention not to renew it. This measure seeks to protect the continuity of agricultural holdings and avoid uncertainty for the farmer.
3. Right to compensation for improvements
If the farmer makes useful or necessary improvements to the property, they have the right to be compensated by the landlord at the end of the contract, provided that such improvements were authorized or not expressly prohibited.
4. Right of pre-emption and redemption
If the owner decides to sell the leased property, the farmer has a preferential right to acquire it, by exercising pre-emption (before the sale) or redemption (once the sale has taken place). This right seeks to facilitate access to land ownership by those who work it.
Farmer´s obligations
Along with rights, the tenant also assumes fundamental obligations:
• Timely payment of rent: they must comply with the deadlines and conditions established in the contract.
• Conservation of the property: they are obliged to maintain the property in adequate condition, preventing its degradation.
• Use in accordance with the agricultural purpose: they cannot use the property for purposes other than those agreed.
• Communication of incidents: they must inform the owner of any relevant circumstances affecting the property.
Conflicts and resolution
Conflicts arising from rural leases are usually related to non-payment of rents, deterioration of the property, refusal to renew the contract, or the sale of the property without respecting the right of pre-emption. To resolve these situations, the law provides mechanisms such as mediation, arbitration, and, ultimately, judicial proceedings.
It is advisable that the contract be drafted clearly, including specific clauses on conflict resolution, penalties for non-compliance, and termination procedures.
Conclusion
The rural lease contract is a key tool for the development of the agricultural sector. Its correct application allows farmers to access land under fair conditions, encourage investment in productive improvements, and guarantee the stability of holdings. At the same time, it protects the rights of the owner and promotes responsible and sustainable use of rural territory.
In a context of increasing professionalization of agriculture, knowing and properly applying the regulations on rural leases is essential to ensure the success of any agricultural project.
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Uploading Documents: From your personal account, you will be able to upload all the documents necessary to initiate the Civil process. This includes text documents, images, and any other documents relevant to your case.
Receiving Notifications and Requirements: Once you have uploaded your documents, you will receive notifications and requirements through your personal account on our online platform. These notifications will include information about the status of your case, any actions required on your part, and any important communication related to your Civil process.
Process Tracking: From your personal account, you will be able to track your case progress in real time. This includes information about hearings, court rulings, and any other relevant updates.
Communication with your Lawyer: Through our online platform, you will be able to communicate directly with your assigned lawyer. You can make inquiries, ask questions, and receive personalized legal advice at any time during the process.
Receiving Judgment: Once the process has been completed, you will receive the final judgment through your personal account on our online platform. This judgment will include any decision made by the court regarding your Civil case.
In summary, our Civil Online process offers you the convenience and flexibility of completing the entire procedure from the comfort of your home, without the need to visit our office or the courts (except mandatory procedures). With access to your personal account on our online platform, you can upload documents, receive notifications, communicate with your lawyer, and track your case progress in real time. At MCHM Lawyers, we are committed to providing you with the best possible service throughout the entire Civil process.
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📍 For more information, do not hesitate to contact MCHM Lawyers. ✍️
⚓️ Rural lease, farmer´s rights, land use, agricultural rent, rural contract, agricultural exploitation, minimum duration, compensable improvements, pre-emption and redemption, property conservation, legal stability, agricultural property, land access, agricultural regulations, sustainable activity.

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