Explanation of Article 446
The article addresses what is included in the lease of land for agriculture; it stipulates that if a person leases land for agriculture, the lease includes the appurtenances of the agricultural land, such as easement rights, like the right of passage, drainage, and watercourse, and what is permanently attached to it, such as unripe crops, pumps, greenhouses, and everything customarily considered as its appendages. The contract does not include tools like sickles, axes, and sieves, nor agricultural machinery like plows and harvesters, nor anything not permanently attached to the land, such as a parked vehicle; these items are not included in the lease contract unless there is an explicit or implicit agreement to that effect. An implicit agreement may be established if it is customary for the lease to include them.
Related To
Article 446
If a person leases a land for agricultural purposes, the lease shall include its appurtenances, things permanently attached thereto, and other things deemed by custom to be ancillary thereto; it shall not, however, include agricultural tools and equipment, unless agreed otherwise.