Part Ⅲ Rights In Rem
Chapter 4-1 Agricultural Right
An agricultural right is the right to cultivate, to forest, to farm, to plant bamboos and trees or to conserve on the land of another person.
The duration of the agricultural right shall not exceed twenty years; where a period exceeding twenty years has been agreed upon, it shall be reduced to twenty years, except the agricultural right is created for the purpose of afforestation or conservation, or there is another statute.
If the duration of the agricultural right is not fixed, the parties are at any time entitled to terminate unless the agricultural right is created for the purpose of afforestation or conservation.
The termination as specified in the preceding paragraph shall be informed to the other party six months before the termination.
The provision of Article 833-1 shall apply mutatis mutandis to the agricultural right which is created for the purpose of afforestation and conservation and of which the duration is not fixed.
An agricultural right holder may transfer his right to another person or create a mortgage on it, unless otherwise provided by a contract or custom.
The agreement as specified in the preceding paragraph shall not be effective against a third party unless it has been registered.
Agricultural works and the agricultural right thereon shall not be separately transferred or created other rights.
If an agricultural right has an agreed-upon rental, the agricultural right holder may request to reduce or relieve of the rental, or to change the originally agreed-upon purpose of land use, if he has reduced or no profits due to force majeure.
In the case of the preceding paragraph, the party is entitled to terminate the right if the agricultural right holder can not use the land for the original purpose agreed upon.
The provision regarding the landowner’s the right of termination as specified in the preceding paragraph shall apply mutatis mutandis to the agricultural right without agreed-upon rental.
An agricultural right holder is not entitled to lease out the land or other agricultural works to another person. However if the lease upon agricultural works is otherwise provided by custom, such custom shall be followed.
If the agricultural right holder violates the provision of the preceding paragraph, the landowner is entitled to terminate the agricultural right.
The agricultural right holder shall use the land and acquire the profit therefrom according to the purpose of creating such right and the agreed method, if the method of use has not been agreed upon; the nature of the land shall be followed. However, the productivity or sustainable use for the land shall be maintained in following either one.
If the agricultural right holder violates the provision of the preceding paragraph, the landowner is entitled to terminate the agricultural right if the agricultural right holder ignores his inhibition. If a mortgage is created on agricultural right, the mortgagee shall also been informed about such inhibition.
When an agricultural right is extinguished, the agricultural right holder is entitled to retrieve his products on the land and the agricultural works.
The provision of Article 839 is applied mutatis mutandis to the circumstance as specified in the preceding paragraph.
Where the products as specified in the first paragraph are not yet able to be harvested, and the landowner does not want to purchase at current market price, the agricultural right holder is entitled to claim for extending the duration of agricultural right until the products are able to be harvested, and the landowner is not entitled to refuse. However the duration extended cannot exceed six months.
The agricultural right holder is entitled to make special improvement for raising the production of the land or the convenience of using the land.
Where the agricultural right holder notifies the entries of special improvement and the sum of expense as specified in the preceding paragraph to the landowner in writing, and the landowner fails to express a contrary intent immediately after he received the notification, the agricultural right holder is entitled to demand the landowner to return the expense for the special improvement, in so far as the increased value presently existed thereby, when the agricultural right is extinguished.
The claim as specified in the preceding paragraph is extinguished by prescription if it is not exercised within two years.
The provisions of Article 834, the first and the second paragraphs of Article 835, Article 835-1 to Article 836-1, the second paragraph of Article 836-2 shall apply mutatis mutandis to the agricultural right.