The Legal Damages When a Neighbor Cuts Down Trees on Your Property
Q. In the course of clearing his property, my neighbor crossed our common boundary line and also cut down a number of trees on my land. What damages are available? Under New York common law, damages for injury to property are generally limited to the amount of “actual” damages sustained, consisting of either the amount…
Your Options When it Comes to a Co-Owned Property
Q. I co-own a piece of real property with my two siblings. I would like to sell the property and divide the proceeds, but my siblings are against any sale. What can I do? New York law recognizes three basic forms in which two or more people can co-own real property. The first and probably…
Things To Keep in Mind When Considering a Solar Energy System on Your Farm
Q. What should I keep in mind when considering a solar energy system for my farm? For many agricultural needs, solar energy can provide a good, environmentally-friendly alternative or supplement to traditional energy sources which depend on connections to utility grids or the use of fuel burning power generators. Modern, well-designed, simple-to-maintain and cost-effective solar…
How Farm Land is Affected By Estate Taxes
Q. Is farmland entitled to any special valuation for purposes of Federal estate taxes? A. As referenced in a quote famously attributed to Mark Twain, “the only two certainties in life are death and taxes.”Estate planning is intended to address those two inevitabilities by determining in advance how property and other assets will be distributed…
Your Legal Options for Nuisance Neighbors
Q. My neighbor races ATVs on his property at all hours of the day and night, three or four days a week, and the noise is unbearable. What are my legal options Our relationship with our neighbors often has a very direct impact on our quality of life but, unfortunately, not all of us are…
Why You Might Need a Written Contract for CSA Customers
Q. Should I have a written agreement in place with members who participate in my farm’s Community Supported Agriculture program? Community Supported Agriculture (CSA) is an alternative model of agricultural food distribution which first originated in Europe in the 1960’s and has since become increasingly popular in the United States over the past three decades….
What Issues You Should Consider When a Third Party Wants to Develop Your Land
Q. What issues should be considered in negotiating lease agreements with developers for non-farming commercial activities? A. Many farmers are blessed with a resource much sought after by third party developers of commercial projects such as cell towers, wind turbine farms, and natural gas wells – large amounts of isolated, undeveloped land. For this reason,…
Why a Neighbor’s Complaint Could Land Farm Owners in Court
Q. A neighboring residential property owner has recently complained that noise and odor coming from my farm operations are a “nuisance” and has threatened to take me to court. What can I do? A. The manner in which a particular property is used can sometimes produce effects which travel beyond property lines. An owner who…
Common Pitfalls in Real Estate Contracts
by Salvatore Ferlazzo of Girvin and Ferlazzo, PC Buyers and sellers of real property in the Capital Region are able to benefit from the use of the “Multiple Listing Service – Contract for the Purchase and Sale of Real Estate,” a streamlined contract which is commonly used by local real estate brokers in the…