Seizure of vines

Our office has jurisdiction over the Chablis vineyard, as it is under the jurisdiction of the Paris Court of Appeal. Indeed, our offices are certainly competent on the whole Paris region (Paris, inner and outer suburbs) but also on the departments of Eure et Loir (28) and Yonne (89). This is an opportunity to question the seizure of vines.

In reality, the seizure of vines can have two facets. It can be a seizure of agricultural land, but also a seizure of the harvest.

The seizure of vines as a seizure of standing crops :

Before studying this seizure, called seizure of standing crops, we must ask ourselves about the character of the fruit. Indeed, the grapes, which are still on the vine is a building, even though when they have been collected, it is a piece of furniture.

Article 520 of the Civil Code :
Harvests hanging by the roots and fruits of trees not yet collected are equally immovable.
As soon as the grains are cut and the fruit detached, though not removed, they are movable.
If only part of the harvest is cut, that part alone is movable.

Consequently, the seizure of vines is subject to a special procedure, which takes into account the mixed nature of this scheme. This is a variant, provided for by the Code of Civil Enforcement Procedures, of the seizure for sale procedure.

Thus, we serve a summons to pay for the purposes of seizure for sale.

In the absence of payment, we then proceed to seizure within a double delay. At least eight days after the command to pay, and within six weeks before the usual time of maturity.
The usual time of maturity is determined by custom. However, they shall not be binding on the execution court which may, where necessary, derogate from them.
You will have understood that September and October constitute the period of maturity as far as the vine is concerned.

It is indeed a seizure for sale because the fruits, although not yet collected, are no longer considered as immovable property but as movable in anticipation.

In a classic seizure for sale, the bailiff details the seized goods in detail. In the case of a seizure of vines, as with any seizure of standing crops, the bailiff describes the land containing the crops. We add its capacity, location, appellation, vineyard and an indication of the nature of the fruit, in particular the grape variety.

Consequently, the fruits are unavailable and the debtor is the custodian without the possibility of harvesting them, under penalty of a criminal sanction. However, we may request the enforcement judge to appoint a manager to run the plots bearing the seized crops(CPC exéc., art. R. 221-59). This designation will be made by the enforcement judge, after hearing or calling the debtor, in accordance with the procedure laid down in articles R. 121-11 et seq. of the CPC.exec.

There are two possible outcomes after seizure:

• Out-of-court sale
• The judicial sale

The implementation of the amicable sale :

Comme en matière de saisie-vente « classique », le débiteur saisi a une possibilité de procéder à une vente amiable. Toutefois, étant donné le délai de maturité sous six semaines, le débiteur aura un délai très court pour procéder à une vente amiable et cette vente amiable, qui implique la mise en œuvre d’un délai maximum d’un mois et demi (une mois + 15 jours pour répondre), risque de conduire au dépassement de la maturité de la récolte, voire à son dépérissement.

However, in order to avoid this decline which is in nobody's interest, we can offer our expertise to find solutions. For example, we can ask the enforcement judge to have the fruits harvested by a third party and kept until a decision is taken on the amicable sale. We consider this in particular for valuable crops.

The forced sale:

In the absence of an amicable sale, our firm will directly organise the forced sale. We ensure an adequate publicity in accordance witharticle R. 221-60 of the CPC.exec, by posters posted at the town hall, and at the market nearest to the place where the harvests are located, but also with professionals or in specialized magazines.

Here again, our study ensures the auction, as Commissioner of Justice. We organize this sale generally at the place of the harvest. It is the bidder himself who takes care of the collection and transport.

The seizure of vines as a seizure of the agricultural parcel :

If the action taken consists of the seizure of the agricultural parcel containing the vines, then a seizure of property must be carried out. This begins with a summons for seizure of property. The creditor shall then publish the summons in the land registry.

This procedure of seizure of property deserves an article of its own, we suggest you to find this article later.

Our office organises, throughout France, procedures for the seizure of vines. To do this, we work with a network of competent colleagues.

Do not hesitate to consult us