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Browse by Author: Robert Andrew Branan
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Limited Liability Companies: Operating Agreement Components and Sample Language

By: Robert Andrew Branan Farm Law for Operators and Landowners

This factsheet explains the components of operating agreements for limited liability companies.

An Explanation of Ownership Rights in Property

By: Robert Andrew Branan Farm Law for Operators and Landowners

This narrative explains the very basics of how property is classified and how title (ownership) to property is held, and the legal rights of disposition associated with that ownership. This discussion primarily concerns real property title passed to heirs as inheritance.

The Basics of Trusts in Farm Succession Planning

By: Robert Andrew Branan Farm Law for Operators and Landowners

This short article reviews the basics of trusts as used in farm transfer planning.

The Last Will and Testament: A Primer

By: Robert Andrew Branan Farm Law for Operators and Landowners

This short article provides a basic overview of wills, their drafting and utility in disposition of property at death.

Lease Considerations for Landowners and Farmers

By: Robert Andrew Branan Farm Law for Operators and Landowners

This publication covers the basics of leasing land for farming operations, from both a landowner and tenant perspective.

Present Use Value: Transferring Property Enrolled in Present Use Value Property Taxation

By: Robert Andrew Branan, Rajan Parajuli Farm Law for Operators and Landowners

This publication provides an overview of the Present-Use Value (PUV) property tax program in North Carolina, with an emphasis on disposition and transfer situations that may imperil continued enrollment.

Liability for Injury from Livestock

By: Robert Andrew Branan Farm Law for Operators and Landowners

This publication provides farmers or landowners with an overview of rules of liability for any injuries or property damage caused by livestock, whether on the farm or loose outside the property. It covers North Carolina fence law, impoundment of loose livestock, off-farm injury from loose livestock, injury by livestock on the farm, "visitor liability defense” statutes, and animal injury to trespassers.

Legal Issues Surrounding Due Diligence for Solar Development

By: Robert Andrew Branan Farm Law for Operators and Landowners

This publication is designed to help landowners learn whether their property might be a candidate for a solar lease and what to expect when a solar developer performs due diligence. It also provides a description of legal issues that may arise, such as unclear ownership, zoning restrictions, and other encumbrances such as liens, easements, and existing leases.

Tree Fall Liability: Who Is Responsible for Property Damage?

By: Robert Andrew Branan Farm Law for Operators and Landowners

This brief factsheet covers factors that assign liability for property damage due to tree fall incidents.

Prevent Timber Trespass and Theft

By: Robert Andrew Branan, Mark Megalos, Colby Lambert, Theodore Feitshans Eastern Forestry Notes

Tips for preventing timber trespass and theft are reviewed in this publication. Special documentation of pertinent laws, avoidance strategies and steps to take once your timber or property has been stolen or trespassed upon.

The Status and Trends of Wetland Loss and Legal Protection in North Carolina

By: Jack Kurki-Fox, Robert Andrew Branan, Mike Burchell

This publication provides an overview of historical wetland trends in North Carolina and discusses how wetland regulations have evolved to their current status. It also summarizes the potential new impacts of climate change on North Carolina wetlands.

Liability Defenses for Injury of Farm Visitors

By: Robert Andrew Branan Farm Law for Operators and Landowners

This factsheet provides an overview of a farmer or landowner’s obligations to visitors — invited and otherwise — to the property, including a description of each of the visitor liability defense statutes.