Be A Good Neighbor: Steps to Help You Avoid Future Farm Litigation
With COVID-19 inspired population shifts and farmland changing hands, you likely have a new neighbor or two. Don’t let that relationship become problematic.
“Having a bad neighbor in the city is annoying,” says Cort Jensen, chief attorney for the Montana Department of Agriculture. “But having a bad neighbor as a farmer can affect your livelihood.”
Here’s how to be proactive and avoid lengthy and costly legal battles.
Communicate, communicate, communicate.
Introduce yourself and get to know your neighbors. “You don’t want the first interaction to be a negative one,” Jensen says. “If a barking dog or a broken pivot is the first interaction you have with a neighbor, it can sour all future conversations.”
Follow the “Golden Rule” and treat others like you want to be treated, adds Tiffany Dowell Lashmet, Texas A&M AgriLife Extension agricultural law specialist
“Nine times out of 10 these issues can be resolved if you sit down and sort these things out,” she says.
Know your local laws.
You don’t have to be an expert in nuisance law, but at least be familiar with your state’s right to farm statue, Lashmet says. “Then if you do end up in a dispute, you know the requirements and can make sure you are taking steps to comply; a basic knowledge of the law could go a long way.”
Document the dispute.
If you fear a disagreement will continue to grow, start taking notes. Cari Rincker, principal attorney with Rincker Law, suggests a journal or electronic notes. Include dates, locations, people, etc.
“Notes can be really helpful,” she says. “If it goes to litigation, they can help you recollect exactly what happened when.”
Stay calm.
Of course, a conflict with a neighbor is frustrating. “It’s OK to get mad, but then you better get smart,” Lashmet says. “Voicemails you leave and text messages you send could all become an exhibit in court one day. You don’t want to end up in a dispute looking like a crazy and angry person.”
Common Legal Issues that Arise
Most of the issues that surface between farmers and their non-farming neighbors fall into these categories, says Tiffany Dowell Lashmet, Texas A&M AgriLife Extension agricultural law specialist.
- Nuisance Claims: These can include farming activities, such as odors, flies, dust and noise that interfere with how neighbors use their property.
- Fence Law: Disagreements over fences frequently surface. Who has to build a fence? Are repairs or improvements needed to existing fences? Who pays for it? Where does the fence go? What happens if animals get loose?
- Access Issues: These typically revolve around access easements and issues with trespassing.
- General Inconveniences: This is more of a catchall category and can include legal activities that interfere with your neighbor’s enjoyment of their property. For example, you spread manure while they were hosting a family reunion. Or they set off fireworks that impacted a guided hunt you were holding.
Learn More
Listen to the "Ag Law Today" podcast where Cari Rincker and Cort Jensen discuss: How to Deal with Problematic Neighbors in Agriculture and Farming
