If the land is used without an agreement, serve the cooperative with a written demand for its return. It must return it within 30 days after harvesting, or by year-end if no crop was planted. If the land is inaccessible or cannot be used rationally, as is typical for shares in the middle of a cultivated field, request allocation of substitute subleased land under Section 12a. If the cooperative does not conclude an agreement within 60 days, the district office decides on creation of the sublease. Beware of inaction: an owner’s silence can create both a tenancy and a right of use.
The local cooperative farms an inherited field, no rent arrives and nobody can find an agreement. Act No. 504/2003 Coll. on the Lease of Agricultural Land provides a precise procedure for this situation, as well as two traps an owner falls into by failing to respond.
First check whether there really is no agreement
At the owner’s request, the tenant must produce without undue delay the lease agreement under which it uses the land or another written document evidencing the tenancy (Section 14(1) of Act No. 504/2003 Coll.). A written request for the agreement is therefore the first step: either a legal basis emerges and its termination must be addressed, or you have evidence that the cooperative uses the land without entitlement.
A demand for return and two traps of silence
Where land is used without an agreement, the owner serves the user with a demand for return and taking back possession. The user must return the land within 30 days after harvesting, or by the end of the calendar year if no crop was planted (Section 12(3)).
Watch for two things. If the cooperative itself serves you with a proposed lease and you neither reject it nor demand return of the land within two months, an indefinite tenancy arises by law, terminable only as at 1 November with one year’s notice (Section 12(4)). If you tolerate use without a legal basis continuously for five years without objection, the user acquires the right to continue using the land (Section 1a). Silence over land does not pay.
Allocating substitute subleased land under Section 12a
An owner cannot realistically take possession of shares in the middle of a cultivated field even if the cooperative “returns” them. This is precisely why substitute subleased land can be allocated:
If a tenant uses land where the tenancy has ended or is to end, or land is used without demonstrable entitlement, and the land is inaccessible or cannot be used rationally, the tenant must, on the owner’s written request, conclude with the owner (the “former landlord”) a sublease of land currently farmed by the tenant, of an appropriate area and soil quality.
— Section 12a(1) of Act No. 504/2003 Coll. (unofficial translation)
You therefore receive accessible substitute land for use, corresponding to your shares in area and soil quality. A copy of the request is simultaneously served on the district office. If no agreement is reached:
If the tenant fails to fulfil the obligation to conclude a sublease with the former landlord under subsection 2 within 60 days of the request under subsection 1, the former landlord shall request the district office to issue a decision establishing a sublease of specified land for the former landlord’s benefit.
— Section 12a(8) of Act No. 504/2003 Coll. (unofficial translation)
The application for a decision must include a list of plots with the cadastral area name, the request to conclude a sublease with proof of delivery, and a proposed location for the land. Proof of tenancy termination is unnecessary if the land is used without an agreement (Section 12a(10)). The office discusses the location and asks you to submit a division plan; you and the tenant bear the costs of marking out the land and preparing the plan equally. Use begins after harvesting unless agreed otherwise.
What to watch for
For an area below 2,000 m², the procedure does not apply if it would create a plot usable only with disproportionate difficulty; small owners may, however, apply jointly (Section 12a(17)). If the tenant paid land tax in advance for the period covered by the sublease, you must reimburse it, otherwise the agreement is deemed not to have been concluded (Section 12a(6)). The office’s decision ceases to be valid, among other reasons, on transfer of the land for which the sublease was created; the acquirer may nevertheless request a decision in their own favour. Ministry of Agriculture guidance provides application templates, but was prepared for the 2018 wording. Always check the conditions in the current Act, as several have since changed.
How we can help
We prepare demands and the allocation request and represent you before the district office. Related services include transferring agricultural land if you decide to sell, land subdivision and consolidation to organise shares, and buying and selling land when acquiring adjoining areas. We discuss how much to charge for use of land in the customary level of agricultural rent.
If the cooperative ignores your demands, bring the title record and previous correspondence to the consultation. We can start the Section 12a procedure from these documents.
This answer provides general information on the law as at 29 August 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
