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Agricultural Law Questions & Answers
1 Answer | Asked in Estate Planning, Tax Law and Agricultural Law for Texas on
Q: My mother just passed and she was 1/4 owner of 640 acres give or take. I was informed today that the other current

Parties want to sell. Since my brother and I inherited my mothers party what should we be asking

Isaac Shutt
Isaac Shutt answered on Sep 23, 2021

You should definitely meet with a probate lawyer. You will want some sort of official legal documentation to show that you now hold title to your mother's portion of the property. Plus, you want an attorney to make sure you're getting your fair share. Contact a probate attorney to see... Read more »

1 Answer | Asked in Immigration Law and Agricultural Law for Nevada on
Q: We ,own a golf course within city limits, are we required to keep free range cattle off of our golf course?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 21, 2021

Even generally, you, as golf course owners must control the perimeter of your golf course to ensure that random animals do not destroy or interfere with the gold course operations. If you still have concerns, reach out to the municipal or county office to receive the appropriate guidance on that... Read more »

1 Answer | Asked in Municipal Law, Agricultural Law and Land Use & Zoning for Maryland on
Q: Is there a way to own a rooster if my county’s municipal code states that owning a rooster is prohibited?

I live in Frederick county Maryland and our municipal code states that only female chickens are permitted; no roosters. There is a rooster at my local animal shelter that I have grown quite found of. I was wondering if there are any ways to get around this rule prohibiting them. Could registering... Read more »

Mark Oakley
Mark Oakley answered on Sep 9, 2021

Kinda like asking if there’s a way around speed limits because, well, you are fond of driving fast and speed is emotionally calming to you. If there’s no exception in the law that prohibits roosters, which I have not looked up, then there’s no way around it. Areas are zoned as farmland and... Read more »

2 Answers | Asked in Criminal Law, Real Estate Law and Agricultural Law for Utah on
Q: So my grandmother before she passed took me down to the bank and

Quick claimed 3.25 million dollars worth of property into my name and once she passed the her daughters my mom and aunt foraged another quick claim deed into there names and sold the properties and I need help to bring them to justice and get whatever I can out of it.

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Aug 13, 2021

This issue is a Probate/Real Estate issue. And it is called a Quit Claim Deed.

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1 Answer | Asked in Real Estate Law and Agricultural Law for Pennsylvania on
Q: How can you determine if a Right-of-Way is "express" or "by necessity?"

We bought a house, there was a farm lane designated as right-of-way to another parcel owned by the sellers. When they sold the land, they sold the back parcel separately, this parcel had a deed mentioning the right of way but no other details other than it is 50 feet.

The new owner of... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 10, 2021

Express Easements are encumbrances granted in a Deed of Easement, in the legal description of the servient tenement's Deed or its chain of title. Easement of Necessity arise by landlocked parcels and tracts. It appears the subject Easement also exists by Prescription. If you block the... Read more »

1 Answer | Asked in Criminal Law and Agricultural Law for Texas on
Q: Friend ask us to watch their dog. We returned the dog home and put the dog in the backyard. Is that animal cruelty?

As, they told us they would be home in 10-15 mins so we told them we put the dog in the backyard with his things and water. Told them we had to get going because it was late. They are now saying since we put the dog in the backyard that it’s animal cruelty and their going to call the police on us.

Teri A. Walter
Teri A. Walter answered on Jul 8, 2021

On the facts stated, there is no animal cruelty.

1 Answer | Asked in Agricultural Law and Real Estate Law on
Q: Do married daughters have inheritance right on ancestral agricultural land?

We are only two sisters. In this case, will the land go to my uncle's family.

Anthony M. Avery
Anthony M. Avery answered on Jun 25, 2021

Not exactly sure of your question nor what State you are in. But almost every State has similar Intestate Succession Laws, where a surviving spouse takes at least a third or more of the predeceasing spouse's property. Most land goes to the heirs at law and a surviving spouse is always a... Read more »

1 Answer | Asked in Agricultural Law for Tennessee on
Q: Official farm name in Tennessee

I’m wanting to get a official farm name in Tennessee but do not know if they will tell me to do taxes after getting one.

Anthony M. Avery
Anthony M. Avery answered on Jun 4, 2021

I assume you actually want to incorporate a farming enterprise, with the entity under a corporate name. And yes, the new corporation will have to pay taxes under a new tax id. Whether the land is part of the corporation or not needs to be carefully considered.

Hire a competent TN...
Read more »

1 Answer | Asked in Land Use & Zoning, Agricultural Law, Environmental and Health Care Law on
Q: Can we install seasonal threshing machine in residential area even any people house the distant around 10 meter in H.P

Actually my naver installed seasonal threshing machine in from of my house around distant of 10 meter and it causing sound and air pollution . Any rules or law so they can remove it from this place ? its there personal land.

Tim Akpinar
Tim Akpinar answered on May 7, 2021

Noise violations are generally governed by local laws. If there are such ordinances in your area, they would probably appear in village or city codes. In terms of air pollution, that could fall under the legal theory of nuisance, which is a tort that involves interference with the use and enjoyment... Read more »

1 Answer | Asked in Agricultural Law for Arizona on
Q: Can I sue McDonalds for dropping coffee on me?

Today, I was waiting in the area where they told me to wait since they still needed to make the decaf coffee. The lady looked like she was in a rush when she finally came out to me. Well when handing me the coffee, she spilled it on my pants and onto my thighs and private parts (this is coffee that... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 3, 2021

An Arizona attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal. The best way to answer your question could be to reach out to Arizona law firms and discuss in more detail. If you have records of medical care in connection with the accident, attorneys... Read more »

1 Answer | Asked in Agricultural Law for Louisiana on
Q: I thought it was legal to drive these I got pulled over and now I’m trying to figure out the laws on these more

I was pulled over and I got those cause I have no license and I was told to get it cause it was legal

Tim Akpinar
Tim Akpinar answered on Mar 5, 2021

A Louisiana attorney could advise best, but your question remains open for a month. From the description, it isn't clear what it was that you were driving - but since you posted under Agriculture, it suggests possibly a farm vehicle or an off-road vehicle? If you got a warning for no license,... Read more »

1 Answer | Asked in Agricultural Law and Employment Law for Florida on
Q: I think my boss wants me to break a law for his business, can I be held accountable?

I work at a pet boarding facility, and in the state of Florida, owners are required to have their dogs up to date on their rabies vaccine. My boss told me to accept a dog that is out of date on his rabies vaccine..

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 27, 2021

I believe the requirement that owners keep their animals vaccinated would be Florida Statute 828.30. It doesn't appear to include any requirement that pet boarding facilities refuse to accept unvaccinated animals, and if there is that would be your boss's duty, not yours.

1 Answer | Asked in Agricultural Law and Animal / Dog Law for Minnesota on
Q: Does Delaware use the same definition for dog and cat fur that federal law does?

Hello, I'm not a resident of Delaware, but I was wondering how the state defines "fur" and "hair" in the law banning the sale or trade of dog and cat fur/hair. Federal law defines dog and cat fur as a pelt--any fur or hair with skin attached--and so do other laws for other... Read more »

William Bailey
William Bailey answered on Feb 15, 2021

Your question involves Delaware law. You would need to contact attorneys in Delaware for help with this.

1 Answer | Asked in Agricultural Law, Civil Rights and Criminal Law for South Carolina on
Q: How can my son who is Native American obtain a Native American attorney? Criminal Law & Civil Rights.
Tim Akpinar
Tim Akpinar answered on Jan 31, 2021

I'm sorry your question went unanswered for three weeks. If your son is still looking for an attorney, you could go to the Find-a-Lawyer tab above - there is a section "Native American Law." You could also run your own independent searches online, or you could visit the website of... Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law, Construction Law and Land Use & Zoning for Nebraska on
Q: My brother and I each want to put a house on 74 acres in NE, but the county doesn't allow more than one home per qtr.

But, there is a special condition that if we are ranchers and own all the land, a 2nd home can be built, so we can "get around" the problem of not being able to build two homes, by not separating the 74 acres into 2 parcels (so we both own the ground), so no real problem so far. But, I... Read more »

Julie Fowler
Julie Fowler answered on Jan 6, 2021

Your question is too specific for a general posting board like this. You will want to consult a real estate attorney experienced with farm land issues to see what exceptions might apply in your specific situation.

1 Answer | Asked in Agricultural Law and Cannabis & Marijuana Law for Arizona on
Q: Under prop 207 am I aloud to sell plants

Just wanted to know if selling marijuana plants is legal

Brian C. Soto
Brian C. Soto answered on Jan 3, 2021

The short answer is no.

In order to sell marijuana plants and/or marijuana, and extracts you will need to be licensed as a retailer by the Arizona Department of Health Services. Under A.R.S. § 36-2852(A)(4), you are entitled to transfer "up to six marijuana plants to an individual...
Read more »

1 Answer | Asked in Agricultural Law on
Q: What is the law as it pertains to the transportation of livestock during extreme cold or extreme hot conditions?

I live on the I-70 corridor and often see livestock being transported in sub zero temperatures. In Canada there is a law that requires there be hay and covering for the animals to stay warm at certain temperatures, and it is illegal to transport them when the temperature/windchill reaches a... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 25, 2020

Thank you for having concerns about the welfare of animals in transport. A Colorado attorney familiar with agricultural and animal rights issues might be able to advise best on this, but you await a response for three weeks. This is not an area that many attorneys deal with. Departments of... Read more »

2 Answers | Asked in Real Estate Law, Agricultural Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: What should I do to stop them & keep them from continuing to use my land/barn? What do I do about the solar panels?

I live out of state, it appears my neighbor has installed solar panels on my property & are using & making improvements to my barn.

Donald C Eby
Donald C Eby answered on Nov 30, 2020

It is nice of your neighbor to make valuable improvements to your property! But, I suspect that your neighbor does not see it that way. I suspect that you'll need to bring a lawsuit to enforce your rights. But, you could start by calling the police to make a trespassing claim or have an... Read more »

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1 Answer | Asked in Agricultural Law, Civil Rights and Environmental for Illinois on
Q: My neighbor waits until dark to burn excavation site junk. Makes breathing hard. Is this illegal? Can we stop him?

He burns demolished houses, tires, and anything that will burn. The smoke cloud is immense, and always blows all over the neighborhood. I can't breathe inside my own home.

Robert D. Kreisman
Robert D. Kreisman answered on Nov 29, 2020

My suggestion would be to contact your local alderman (if you live in the City of Chicago) or your local municipal government. I would be fairly sure that what your neighbor is doing, burning material putting off noxious odors, is in violation of local, municipal, and state law.

1 Answer | Asked in Agricultural Law for Indiana on
Q: Is it against the law to stop a person from using appliances while they are staying with you but has not paid us

We own the house and everything was verbal set up

Tim Akpinar
Tim Akpinar answered on Nov 18, 2020

An Indiana attorney could advise best, but your post remains open for four weeks. A landlord-tenant attorney might have better insight into this than an agricultural attorney. Not all posts are picked up, but you could try reposting under the L-T section. A verbal agreement in lieu of a written... Read more »

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