Agricultural tenancy law

Agricultural tenancy lawyers

Nysingh’s agricultural tenancy lawyers have in‑depth knowledge of agricultural tenancy law and extensive experience in advising and litigating in the field. We assist public authorities (provinces, municipalities and water boards), grid operators, land‑managing organisations, renewable‑energy developers, private estates and other parties. Our strength lies in combining legal expertise with a practical approach to achieving swift solutions.

We advise on all types of agricultural tenancy matters, from selecting the appropriate tenancy regime, drafting agreements, and granting land in tenancy in light of the Didam judgment, to more complex issues such as unexpected claims to regular (farm or other) tenancy, termination due to a change of land use or breach, and requests for co‑tenancy or substitution. In doing so, we look beyond agricultural tenancy law itself. Where necessary, we take a multidisciplinary approach, working with environmental and real‑estate law specialists. For landlords, this means we can advise on terminating a tenancy agreement due to a change of land use and the planning required for that, while also taking into account the spatial planning requirements. This enables us to integrate issues that rarely fit neatly into a single category.

What is agricultural tenancy law?

Agricultural tenancy law regulates the rights and obligations relating to the use of land and/or buildings for commercial agriculture in exchange for payment. Its rules provide extensive protection to tenants, including regarding the duration of the tenancy relationship, its termination, and the amount of rent due. It is a complex specialism of agricultural law. Because the rules are largely mandatory – meaning they cannot be departed from to the detriment of the tenant – a thorough knowledge of agricultural tenancy law is essential when recording agreements.

Agricultural tenancy types and contracting

Agricultural tenancy law recognises various types of tenancy, each with its own rules and consequences. The choice of tenancy type directly affects flexibility, value development and options for termination. We are ready to advise you on the type of tenancy that best suits your situation and preferences. We also assist in drafting and reviewing agricultural tenancy agreements and submitting them to the Agricultural Tenancies Authority. We focus not only on the legal requirements but also on strategic considerations and future developments, such as short‑ and long‑term redevelopment plans. This lets you avoid unwelcome surprises later.

Termination, alterations and disputes

We have a lot of experience assisting clients with requests for co‑tenancy or substitution, rent increases, notices of termination, dissolution and the relationship between written agreements and mandatory law. Both tenants and landlords are subject to strict statutory frameworks. Our approach is always strategic: litigating where necessary but resolving amicably where possible.

Government, land policy and area development

For governments and semi-public bodies, agricultural tenancy law often plays a role in land policy, area development and nature management. We advise municipalities and other governments on the implications of the Didam judgment and state aid in relation to the granting of land in tenancy, as well as on the options for terminating agricultural use or for the purposes of public objectives. For example, we have extensive experience in assisting governments with the granting of leasehold land, for instance by organising a public selection procedure, so that the land allocation complies with the requirements of the Didam judgment. We also provide legal advice on restructuring of rural areas, nitrogen-related issues and changes in the use of agricultural land in line with administrative and social realities.

Revision of agricultural tenancy law

Agricultural tenancy law is undergoing changes. The current system does not adequately meet the practical needs of tenants and landlords, which is why the legislator wishes to review the rules of agricultural tenancy law. The aim is to establish a new agricultural tenancy system that is future-proof and meets the needs and interests of both tenants (to generate the best possible income from the leasehold land) and landlords (to continue to derive a good return from the land in the future). In particular, the new agricultural tenancy law is designed to encourage long-term tenancy. In addition, the new agricultural tenancy law aims to give parties more room to include sustainability provisions in agricultural tenancy agreements relating to the leasehold land. Specifically with regard to tenancy of nature conservation land, the new agricultural tenancy law must allow for greater flexibility in agricultural tenancy agreements where this is necessary to achieve and control nature conservation objectives.

We are happy to answer any questions you may have about the new agricultural tenancy law. Consider, for example, what opportunities the new agricultural tenancy types might offer, what impact the state pension age has on the commercial viability assessment in your situation, and what options you will have in the future. We are keeping a close eye on developments and would be happy to explain what both the current and the new agricultural tenancy law mean for you.

Your legal partner in agricultural tenancy law

Nysingh stands out thanks to its combination of specialist knowledge, a pragmatic approach and the ability to quickly consult with experts in related areas of law, such as environmental law. We are happy to work with you to find solutions that are both legally sound and practically feasible. Whether we provide advice or conduct contract negotiations or litigation, you can count on clear communication, strategic insight and a committed approach.

Contact our agricultural tenancy law specialists

Do you have any questions about a tenancy matter or a dispute? Or would you like to know what options are available to you to amend or terminate a tenancy relationship? Our agricultural tenancy lawyers are happy to work with you and provide advice tailored to your situation and interests. Please contact one of our specialists for a personalised and expert consultation.

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