Farm Law

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Farm Law involves virtually every area of law - from real estate, business & tax law to wills and estate planning. However there are some areas of law which apply mostly to rural property.

Subjects relating to farming and ranching include:

1. Buying or selling Quota - dairy, hog, chicken, turkey

2. Acquiring or transferring Water Rights - Irrigation Districts or Department of Environment

3. Obtaining Easements or Rights of Way - are you going by a 'gentleman's agreement' for access over your neighbor's land? This works fine unless your neighbor sells the property or dies. You should have legal access agreements registered on Title!

4. Mineral Titles - do you know if the Mineral Lease you're being offered has fair terms?

5. Development Permits - do you need help to obtain that Development Permit from the M.D. or County?

6. Farm Leases - do you have a long-term lease? It should be registered by Caveat on the Title, or you could lose it.

7. Rights of First Refusal/Options to Purchase - it's dangerous for you to rely on a verbal deal with your neighbor - verbal deals re land are not enforceable! Get it properly drawn up, and it must be registered on the Title.

8. Tax Planning - only farmers have access to the 'capital gain exemption' and the 'farm rollover'. These tools allow you to transfer land through the generations without tax (or with minimal tax). Tax Planning is easier the earlier you start it!

Don't hesitate to contact us if you have questions or problems in the farming law area.