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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.

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.

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.

Limited Liability Companies: Steps in Formation

By: Robert Andrew Branan Farm Law for Operators and Landowners

This Factsheet discusses the steps in forming an LLC in North Carolina for your farm.

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.

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.

The Verbal (Statutory) Farm Tenancy

Farm Law for Operators and Landowners

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.

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.

Farm Tenancy: Allocating Annual Rent in Sale Transaction

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

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.