Purchasing a Property in Italy? Be aware of Agrarian Pre-emption Right

What Is Agrarian Pre-emption?

Let’s begin by explaining what agrarian pre-emption is.

In short, it is a legal right granted to direct farmers that allows them to purchase agricultural land with priority when it is put up for sale, stepping in under the same conditions as the buyer. At the heart of Italian agrarian law lies this institution, which, although little known outside legal and rural circles, plays a vital role in protecting agricultural labor and promoting rational land management. Governed primarily by Law No. 590 of 1965 and Law No. 817 of 1971, this right gives certain individuals—especially direct farmers—priority in acquiring agricultural land.

Who Can Exercise It?

Agrarian pre-emption allows a direct farmer to purchase land before it is sold to third parties. There are two main types:

1. Tenant farmer pre-emption: Under Article 8 of Law 590/1965, this applies to those who have cultivated the land for at least two years.

2. Neighbouring landowner pre-emption: Under Article 7 of Law 817/1971, this applies to direct farmers who own land adjacent to the property being sold.

In both cases, the person must be a direct farmer—not simply an agricultural entrepreneur. The law clearly distinguishes between those who personally cultivate the land and those who manage it as a business.

Land and Farmer Requirements

The land must be designated for agricultural use and registered as such. The presence of buildings does not exclude pre-emption, provided they serve agricultural purposes. However, land designated for residential, industrial, or tourism use is excluded.

The farmer must have a valid legal title (such as a lease agreement) and must have cultivated the land for at least two years. Individuals without contracts, or with expired or invalid ones, are not eligible. Agricultural cooperatives and partnerships may also exercise pre-emption, provided at least half of the members are direct farmers.

How Is the Right Exercised?

The landowner must notify the direct farmer via registered mail, including the preliminary sale agreement ( denuntiatio). The farmer then has 30 days to exercise the right and purchase the land under the same conditions. If the notification is not made, the farmer may exercise the right of redemption ( retratto) within one year of the sale’s registration, paying the agreed price.

The form of communication is debated in case law. Some rulings accept verbal notification, while others—such as Civil Cassation No. 26079/2005—require written form “ad substantiam” to ensure legal certainty and protect all parties involved.

Debated Issues

Over time, several practical and legal issues have emerged, including:

- Whether physical or functional contiguity between plots is required.

- Exclusion of pre-emption for land not designated as agricultural.

- The burden of proof for neighboring farmers.

- Recognition of pre-emption rights for foresters in specific cases.

A consistent principle is that pre-emption does not affect the owner’s decision to sell, but only determines who has the right to buy. Partial pre-emption is not allowed if it obstructs the sale of the entire property.

For further questions, contact us at: mail@arcalenis.com