What is the segregation of a farm?
A segregation of a farm consists of separating a fraction of a farm from the original farm. With the deed of segregation of a farm, a part of the original farm is separated and that operation is transferred to the registry books, with the segregated farm having a registration folio and its own identification number.
In this way, a new farm is obtained with a smaller extension of the land and totally independent from the first one. The segregation of farms can be carried out when several people inherit the same farm and decide to divide it.
What requirements must be met for the segregation of rural properties?
For the segregation of rural properties, a series of requirements must be met that are provided for in Agricultural Farm Modernization Law, 19/1995, of July 4.
In addition, it is required to request the mandatory license and pay the corresponding fees.
In accordance with article 24 of the Law for the Modernization of Agricultural Exploitations, the segregation of a rustic property will only be valid when it does not give rise to plots of extension less than one unit minimum cultivation. In any case, they will be null and void and will have no effect between the parties or in relation to a third party, legal acts or transactions, whether or not of voluntary origin, that proceed to the division of said properties, in contravention of the foregoing.
To assess whether or not a rustic farm can be segregated, one must start from the Minimum Crop Unit, which is the minimum area that a farm must have rustic so that the fundamental tasks of its cultivation, using the normal and technical means of production, can be carried out with a satisfactory yield, taking into account the socioeconomic characteristics of agriculture in the region or zone.
It is up to each Autonomous Community to determine the extension of the minimum crop unit for rainfed and irrigated land in the different municipalities, zones or regions of its territory.
In addition, when an inheritance is partitioned, it must be carried out taking into account the minimum cultivation unit, even contrary to the provisions of the testator, applying the rules disputes in the Civil Code on things indivisible by nature or by law and on the adjudication of the same in the absence of the express will of the testator or the partitional notebook between heirs.
When segregation of farms is allowed
However, the segregation of farms is allowed in the following cases:
- In the case of any provision in favor of the owners of adjoining farms, provided that, as a consequence of the segregation, both the segregated and adjoining farms do not have an area of less than the minimum cultivation unit.
- If the segregated portion is effectively used, within the following year for any type of building or permanent construction, for industrial or other non-agricultural purposes, provided that the license provided for in the urban planning legislation has been obtained and subsequently the completion of the building or construction is accredited within the period stipulated by the corresponding Administration.
- If it is a consequence of the exercise of the right of access to the property by trial and error.
- If it occurs as a consequence of a forced expropriation.
The segregation of farms is a very relevant mechanism for land configuration to obtain greater profitability in the case of purchases, leases or even to add land to adjoining farms, as long as it is meet the minimum requirements in both properties.
It may interest you: “Department specialized in Agrarian Law ”