Farms and pets go hand-in-hand. There are three vehicles that can be used to protect your pets (including horses) after you die: 1) Last Will and Testament, 2) Pet Trusts, and 3) Pet Protection Agreement. Last Will and Testament: In New York, pets are considered personal property like a car or a diamond ring. It should be noted that wills …
Five Years? How’d That Happen? Happy Five Year Anniversary to Rincker Law
Time flies when you’re having fun, right? Last month, Rincker Law (and this blog) celebrated its Five Year Anniversary. Seems like just yesterday that I was writing this blog celebrating four years of my business (see my first, second, and third anniversary posts). The highlights of my fifth year in business have been writing my *first* book, being an Adjunct …
When a Couple Calls it Splitzo, Who Gets Custody of the Dog?
In young couples and/or childless couples, custody of pets has been a sore subject that has come up in my practice. Pets are interesting because they are not children, but they are not exactly purely personal property either. Custody over a mini dachshund named Joey was at issue in the interesting case of Travis v. Murray, 42 Misc.3d 447 (Sup. …
Mediating the Divorce Involving Livestock and Pets
I recently co-authored an article on divorce mediation with companion and farm animals along with Debra Vey Voda-Hamilton that was published in the New York State Council on Divorce Mediation‘s quarterly publication. You can find the history of The Report online here. I posted the article on my JD Supra page. I am a trained divorce mediator and am …
Common Agriculture Contracts
I’m speaking today from North Carolina on common agriculture contracts, including agriculture production contracts, custom feeding arrangements, farm leases, farm machinery leases, animal leases (such as bull and horse leases) and partnership agreements. My presentation is below: [slideshare id=26801973&doc=overviewofcommonagriculturecontracts-131002165536-phpapp02] I will be tweeting from the conference today so follow me live!
Upcoming Animal Welfare Law CLE with the National Agriculture Law Center
For those of you who won’t be attending the live webinar on renewable energy law for the agriculture industry on October 10 at 1pm ET, the National Agricultural Law Center and the American Agricultural Law Association will co-sponsor a webinar titled, Enforcing Animal Welfare Laws: Whose Job Is It Anyway? The program will address the authority of private citizens to …
Attending the 2013 Annual Agriculture Law Symposium
I am looking forward to the American Agriculture Law Association (“AALA”) Annual Meeting on October 31-November 2, 2013 in Madison, Wisconsin. You can find a brochure for the conference online here. If you’re there, please be sure to say hello. Of course I will be tweeting from the conference with the hashtag #AA13. The Annual Updates in Agriculture Law …
NY Ag Lien: 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 N.Y. Lien Law § 187[1]. Possession of the property is required for this lien. Please …
NY Ag 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 …
New York Food and Agriculture Law Book for Farmers and Food Entrepreneurs – Coming Soon!
I’m super excited to announce that I have a New York food and agriculture law book that will be published soon! I co-authored this book with the great Pat Dillon, an Iowa agriculture lawyer who wrote Field Manual: Iowa Farmer’s Guide to Legal Issues. This book is specifically designed to assist New York farmers and food entrepreneurs.
NY Ag/Equine Lien: Lien of Bailee of Animals
Under Section 183 of NY Lien Law, any veterinarian who renders the treatment or boards any dog, cat, or other domestic animal or person keeping a livery stable, boarding stable or pasturing animals has a lien over the animal and any equipment kept and stored in conjunction with the animal such as a “wagon, truck, cart, carriage, vehicle or harness”. …