Reclaiming the property. When the owner of a rural property dies and that asset is subject to an agricultural partnership contract, the successors may reclaim it. But only at the end of the contract and not at the time of the succession.
If they opt for reclaiming, under the terms of Decree 59,566/66, the heirs must carry out extrajudicial notification. Up to six months before the end of the agreement.
The understanding was adopted by the Third Panel of the Superior Court of Justice (STJ) to reform a ruling of the Court of Justice of Minas Gerais (TJMG). The latter had understood that the successors may exercise the right to reclaim the property subject to an agricultural contract, if they have no interest in remaining bound to the agreement. The court also established indemnification for the improvements made by the lessees on the property.
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According to the case records, in February 2007, the owner entered into an agricultural partnership contract with the lessees for a term of 16 years. However, she ended up passing away in March of the same year. In September 2007, the heirs notified the defendants to vacate the property.
Reclaiming the property
Justice Villas Bôas Cueva, the reporting justice, explained that the TJMG recognized the successors’ right to reclaim the property based on article 23 of Decree 59,566/66. In addition to guaranteeing the exercise of the right to reclaim, the article establishes the right to renew the contract for the successors not interested in recovering the asset.
The justice, however, recalled that the right to reclaim must also comply with the precepts of article 22 of the same decree. In its paragraph 2, it establishes that the lessee’s right of preference for renewal will not prevail if the lessor, up to six months before the expiration of the contract, formally declares his intention to reclaim the property.
“This period must also be observed by the successors, since article 23 speaks of ‘compliance with the precepts of this decree.’ Thus, the right to reclaim may only be exercised at the end of the contractual term and not at the time of the succession, or when the partition is concluded,” says the reporting justice.
In granting the lessee’s appeal, the reporting justice also recalled that article 15 of the Land Statute (Estatuto da Terra) and article 15 of Decree 59,566/66 establish that there is no interruption of the agricultural partnership contract, with the acquirer being subrogated to the rights and obligations of the transferor.
“In view of this, the contract remains in force until the end of the stipulated term. The heirs being able to exercise the right to reclaim by carrying out extrajudicial notification up to six months before the end of the agreement, indicating one of the legal grounds for its exercise,” concludes the justice in granting the appeal and dismissing the successors’ request to reclaim.
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