New York Agriculture Liens: Truckman’s Lien

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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 …

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New York Agriculture Liens: Lien on Stray Animals

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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 …

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New York Agriculture Liens: Stableman’s Lien

Rincker LawBusiness/Commercial Law, Food & Ag Law 4 Comments

Under Section 183 of NY Lien Law, any veterinarian who renders treatment to 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”.   Possession of this …

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New York Agriculture Liens: Liens for Service of Stallions or Bulls

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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 …

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New York Agriculture Lien Law: Landlord’s Lien

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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 …

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New York Agriculture Liens: Background

Rincker LawBusiness/Commercial Law, Food & Ag Law 1 Comment

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 …

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Some NY Ag Liens You Might Not Have Thought About…

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Did you know that New York has the following liens that may affect the food and agriculture industry? Railway Corporation Lien on Transported Animals for a railway corporation incurring expenses in caring for transported animals under N.Y. Agric. & Mkts § 359. Artisan’s Lien for a person who makes, repairs or performs work for an article of personal property under …

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NY Lien Law: New York State Milk and Agricultural Products Security Trust Funds

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Although most NY statutory liens are under the NY Lien law, the New York State Commissioner of Agriculture and Markets has a lien interest under Section 25-b of NY Agriculture and Markets Law against licensed milk dealers.  This interest arises from the Commissioners role in administering the Milk Producers Security Fund.  Milk dealers may, however, provide an alternate form of …

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NY Ag Lien: Truckman’s Lien

Rincker LawFood & Ag Law Leave a Comment

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 …

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NY Ag Liens: Lien on Stray Animals

Rincker LawAnimal Law, Food & Ag Law Leave a Comment

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 …

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NY Ag/Equine Lien: Lien of Bailee of Animals

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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”.  …

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New York Ag Lien For Service of Stallions or Bulls

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Are you owed money from the service of a stallion or bull to another horse or cattle breeder?  If you’re in New York, then this post is for you. 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 …

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