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 …
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 …
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 …
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 Agriculture Liens: Liens for Service of Stallions or Bulls
Under Section 160 of NY Lien Law, the “owner of a stallion or bull shall have a lien on each mare or cow served together with the foal or calf of each mare or cow from such service, for the amount agreed on at the time of service. . .” However, said lien will not be able to be enforced if the owner falsely states the …
New York Agriculture Lien Law: Landlord’s Lien
A landlord’s lien used to be superior to other creditors’ claims; however, in New York, it does not arise automatically because a landlord-tenant relationship is created. Landlords who want to retain title to the products of the land against the tenant’s other creditors must explicitly include a provision to that effect in the lease. Both the landlord and tenant should memorialize their …
New York Agriculture Liens: Background
The scope of the revised Uniform Commercial Code (“UCC”) Article 9 is newly expanded to cover the perfection, priority, and enforcement of nonpossessory “Agricultural Liens” in the farm products of those borrowers involved in farming operations. The definition of “agricultural liens” is different than the broader and more general category of “secured interest”. UCC Article 9 does not supersede any existing statutory …
How to Make a Freedom of Information Act Request- Part 6
This is Part 6 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Make sure to read the previous 5 blog posts to get the full picture! Step 6: Review FOIA Request After the agency has received your fees, it will process your request. The agency may send you a written “initial determination” …
How to Make a Freedom of Information Act Request – Part 1
This is Part 1 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 1: Decide If It Is Necessary To File a FOIA Request Not all agency records require a written FOIA request. In 1996, Congress passed the Electronic Freedom of Information …