An agriculture production contract is an agreement where a producer agrees to raise a commodity in a manner established by the contractor and to deliver the commodity to the contractor while the contractor agrees to pay the producer in return. A commodity can include livestock, raw milk, and crops. Livestock may include beef cattle, dairy cattle, sheep, and swine, while …
Overview of the Veterinary Feed Directive
The below presentation was prepared for the upcoming American Agriculture Law Association (“AALA”) Annual Educational Symposium to be held in Oklahoma City, OK. This presentation will be given in the stockyards on October 6, 2016. It first lays the background of the Veterinary Feed Directive (“VFD”) and then delves into the requirements of various stakeholders including (1) veterinarians, (2) livestock producers, …
New York Fence Law
In New York, property owners grazing livestock are required to erect, maintain and repair the fenceline. Under New York Town Law § 300, each owner of two adjoining tracts of land is required to erect and maintain a fence to keep his/her grazing animals separate, unless they agree (in writing) to let their lands lie open to allow the animals to …
Livestock Purchase Agreements
Purchasing livestock can be a complicated process, particularly when it comes to the agreement. Before signing a purchase agreement for livestock, whether commercial or seedstock, there are certain terms that should be included. For commercial livestock purchase agreements, the following terms should be part of agreement: Description of Animals: The type of animal to be purchased and description of the …
Adverse Possession with Farms
When does “the back forty” become “the back forty-two”? The subject of acquiring title to property by adverse possession always seems to generate interest and discussion, but when the facts and the law are peeled back far enough, adverse possession is rare. Adverse possession is the acquisition of title (not use) to property by possession. From a practical standpoints, courts …
Types of Real Property Joint Ownership for Farms
You can own a piece of real estate jointly with another person or persons. Joint ownership means that each co-owner owns a given interest in the entire piece of real estate – usually, each owns an equal, but not necessarily. What does it mean to co-own property jointly with someone? Even if two people each own an equal interest …
Farm Purchase Agreements
Making any type of purchase can be a lengthy process and the purchaser should know what he or she is purchasing before signing the agreement. One important aspect of making a land purchase is the inspection. The purchaser should do a physical inspection of the property as well as a legal inspection. For the physical inspection of the property, the …
Fighting Over Fido Post Break-Up in New York
When deciding to pursue a legal battle to regain possession of a dog one claims is theirs alone, the person should be prepared to show proof as to why there is a superior right to possession over the other person, and why that person’s possession of the dog is the best for all concerned. New York courts have consistently held …
New York Agriculture Districts and Right-to-Farm
NY Agric. & Mkts § 300 et seq. sets forth agricultural districts in New York. “The socio-economic vitality of agriculture in this state is essential to the economic stability and growth of many local communities and the state as a whole. It is, therefore, the declared policy of the state to conserve, protect and encourage the development and improvement of its …
Overview of Grazing Leases
A grazing lease is an agreement in which a landowner allows a tenant to graze livestock on the landowner’s property. For parties involved in these types of agreements, it is important to specify terms of the lease, which address the landowner and the grazer’s rights and responsibilities. Any type of contract should have basic terms in the contract, including identification …
New York Child Custody and Visitation Agreements – Think About Traveling with Children
The Courts have found travel to be in the best interest of the child. Consequently, a parent should not unreasonably withhold consent for the child to travel with the other parent. If the non-traveling parent unreasonably withholds consent then the court can override the non-traveling parent’s objection to the travel. See Matter of Arroyo v. Agosta, 2010 NY Slip Op …
Land Uses with Urban Agriculture
Although land use and zoning issues can also affect agriculture in rural areas throughout New York state, an urban or suburban farmer should carefully review the zoning code. According to Dean Patricia Salkin at Touro Law Center in the “Counseling the Local Food Movement” webinar with the American Bar Association, there are several zoning mechanisms that can be used to promote small-scale …