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 …
Upcoming Presentation at AALA on Veterinary Feed Directive
I will be presenting at the American Agriculture Law Association (“AALA”) Annual Educational Symposium, October 6-8, 2016 in Oklahoma City on the Veterinary Feed Directive. I’m super excited because my presentation will be in the STOCKYARDS on October 6th at 4:00pm. Can we say Cowgirl Lawyer? (I will be wearing cowboy boots…) I will be updating the below presentation that …
New York Child Custody and Visitation Law: Agreements to “Electronic Visitation” or Parental Access
In this electronic age, parents can craft an agreement allowing the parent to have meaningful communication with the child(ren) using electronic methods (i.e., Parenting 2.0!) including: • Telephone (e.g., to the other parent’s phone or the child’s phone) • Video-conferencing (e.g., FaceTime, Skype) • Text messaging (e.g., WhatsApp, Viber) • Social media (e.g., Facebook, Instagram, Twitter, Snapchat) • Electronic mail …
Happy 7th Birthday to Rincker Law!
Rincker Law, PLLC is 7 years old! With each anniversary of my law practice, I like to reflect on the previous year. Ruth has been my right hand girl for a few years now but Ravi Cattry joined the team a year ago. It’s been great having these two ladies a part of the firm’s growth over the years. …
Presentation on Common Agriculture Contacts
[slideshare id=64362431&doc=overviewofcommonagriculturecontracts-7-25-16-160725160412] I will be going through the above presentation for a live webcast this Thursday at 3:30pm ET via Lawline. The recording will be available soon after my presentation via Lawline. You can register for the live webcast here. In this presentation, I will be discussing a few of the major contractual issues that affect production agriculture including agriculture production …
Outline Giving Overview Common Agriculture Contracts
You can download my substantive outline discussing a few of the major contractual issues that affect production agriculture on my JD Supra page here. The outline discusses a myriad of contracts issues including: agriculture production contracts, purchase agreements (for land, livestock and farm equipment), leases (for land, livestock and farm equipment), special contracts (e.g., custom feeding arrangements, embryo transfer contracts, …
New York Agriculture Liens: Truckman’s Lien
Under Section 187 of NY Lien Law, every person or entity engaged in “carting or trucking property shall have a lien upon such property and may retain such portion of the property in his possession” to help ensure payment for the truckman or drayman. See NY Lien Law § 187[1]. Possession of the property is required for this lien. Please note that …
New York Child Custody and Visitation Law: Sibling Visitation
Siblings have a statutory right to visitation with each other. This is true whether the relationship be of full-blood siblings or half-blood siblings. There is a two-part analysis for evaluating sibling visitation. First, standing – or the right to be heard – has to be established. Second, the court must determine whether the visitation is in the best interest of …
New York Agriculture Liens: Lien on Stray Animals
Under NY Town Law § 310, if a person has any strayed horses, cattle, sheep, swine, goats or other livestock animal upon their property which is not adjoined to the livestock owner’s property (in other words, not your immediate neighbor), then that person may have a lien claim against the stray animals. The livestock must have caused property damage and the escape of the …
Ask Cari: Common Mistakes in a Divorce
Here is a question that I recently received: “Hey Cari, What do people often do “wrong” when they’re about to file for divorce or in the midst of a divorce?” My response: People going through divorce sometimes believe that going to court immediately is the way to resolve things. To the contrary, mediation or the collaborative divorce process would be the …