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This factsheet explains the components of operating agreements for limited liability companies.
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.
This short article reviews the basics of trusts as used in farm transfer planning.
This publication covers the basics of leasing land for farming operations, from both a landowner and tenant perspective.
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.
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.
This short article provides a basic overview of wills, their drafting and utility in disposition of property at death.
Sales Taxes are reportable on the sale of many goods and services. Such taxes also become an expense when purchasing inputs for business and personal use. In North Carolina, agricultural products and the purchase of inputs enjoy various exemptions. However, such exemptions have their limit, and it is important to understand when a particular product fails to meet the exemption. Likewise - regarding exemption from sales tax on inputs - North Carolina producers need to be aware of income maintenance requirements for the exemption. For farm operations, most products sold from the farmer direct-to-buyer are exempt from sales taxes, in that the customer neither pays the tax nor the farm operator is required to remit the tax. However, a change in the nature of the farm product sold and where it is sold in combination with other products may trigger a sales tax requirement. Also, if the farmer loses their status as producer of the item sold and is considered a retailer of the item, exemptions are lost. This short paper seeks to clarify the line of when a farmer must remit sales tax for products sold, as well as the responsibilities of farmers and specialty markets.
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.
This brief factsheet covers factors that assign liability for property damage due to tree fall incidents.
This Factsheet discusses the steps in forming an LLC in North Carolina for your farm.
This pre-peer reviewed publication provides a brief overview of the "year-to-year" farm tenancy as protected by the North Carolina General Statutes. Issues examined the nature of farm tenancy, specific termination notice requirements, and removal of personal property by the tenant.
Though there are no hard survey numbers to demonstrate, anecdotally a majority of rented farmland in North Carolina is still done on a “handshake.” Such verbal tenancies — not reduced to writing or a term lease — are protected under North Carolina state law. Without written agreement, details of the tenancy — in the event of dispute — would have to be testified in court by the party seeking to either prove the tenancy (the farmer) or terminate the tenancy (landowner). One key detail is often the allocation of rent and renewal of tenancy in the event land is sold or devised to new owners during the crop year. This paper address how such allocation should be handled at the purchase contract stage, and also following death of prior owner.
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.
