Agriculture Law and Management


Course Materials

This folder is organized like chapters in a textbook. The materials are introductory; they certainly do not explain the legal concepts in depth. The major topics are U.S. legal system, property, torts, contracts, leasing, and resource management.
Introduction to Agricultural Law
This page introduces the topic of Agricultural Law. The discussion on this page asks us to consider the two key components: agriculture and law.
Selected Legal Principles
In taking this course, most of us are studying law for the first time. This page introduces principles that underpin many of the legal concepts addressed in this electronic text.
U.S. Legal System
This chapter emphasizes the unique role for each of the three branches that comprise the U.S. government. Students are urged to focus on 1) the relationship between the role of the legislative branch and the executive branch, and 2) the process by which agencies of the executive branch promulgate regulations.
Researching Legal Information
No one will ever know all of the laws but it is helpful for us to understand how the laws can be located. This chapter introduces where federal and state statutes, regulations and court decisions are found in the U.S. legal system.
Concept of Property
The course focuses on three basic legal concepts: property, torts and contracts. This chapter introduces the concept of property and serves as an underpinning of subsequent chapters that expand on the legal concept of property.
Categories of Property
The previous chapter explained that property often is described as a bundle of legal rights. This chapter explains that 1) property is categorized or real property or personal property, 2) some tangible property can transition between the two categories of real and personal property, and 3) property does not have to be tangible, but instead is based on the abstract concept of legal rights.
Estates in Property
This chapter introduces the legal concept of fee simple absolute as the highest form of property ownership. It also introduces forms of ownership (estates in property) that do not include all the legal rights associated with a fee simple absolute.
Concurrent Ownership
Property ownership can be shared by more than person. This chapter introduces joint tenancy with right of survivorship, tenancy in common, co-ownership between married persons, and property division in case of divorce.
A trust is a legal arrangement in which ownership rights are shared between a trustee and beneficiaries. The trustee also has the legal obligation (fiduciary responsibility) to manage the property in the best interest of the beneficiaries.
Easements, Profits & Licenses
An easement and profit are the concepts that one person has the legal right to a limited use of another person's real property. A license also allows the license holder to use another person's property, but a license does not include as many legal rights as an easement or a profit.
Transferring Real Property by Sale
Property has been defined as a bundle of legal rights and the previous chapters explained numerous property concepts. This chapter introduces the process by which real property rights are transferred from a seller to a buyer.
Transferring Real Property other than by Sale
Real property rights also can be transferred by processes other than sale. This chapter introduces concepts relating to bequests, gifts, adverse possession, eminent domain, and escheat.
Creating & Terminating Easements
Easements and profits arise from the transfer of property rights (as was discussed in the previous two chapters). This chapter introduces several concepts that are unique to the creation and termination of easements and profits.
Limitations on Ownership Rights
As discussed with the introduction of several property concepts, society, through government, holds some of the legal rights associated with real property. This chapter introduces several limitations on the rights of owners of real property.
Introduction to Torts
The legal concept of property often is described as "bundle of legal rights" associated with property. The concept of tort focuses on the legal rights held by individuals, such as "I have the legal right not to be injured" and "I have the legal right not to have my property damaged." The concept of tort law addresses the issue of how do we remedy a situation where someone's individual rights have been damaged. Topics introduced in this chapter include the actor's state of mind, remedies, and defenses.
Examples of Torts
This chapter further explains the concept of torts with examples of trespass, nuisance, and other common situations.
Contracts: Description, Purpose & Examples
The legal concepts of property and torts are based on legal rights associated with property ownership and being a person. Contracts can be described as the legal concept that two persons can agree to redefine their legal relationship, that is, their legal obligations to one another. This chapter introduces the legal concept of contract.
Forming a Contract
This chapter introduces the requirements for creating a contract, that is, the requirements for reaching an understanding that two persons are altering or redefining their legal obligations to one another.
Explicit & Implied Contract Terms
Despite the flexibility persons have in negotiating the terms of a contract, the law implies certain contractual terms, prohibits other contractual terms, and directs the contractual terms if the parties do not explicitly address all issues that arise in a contractual arrangement.
Fulfilling a Contract
The parties to a contract are responsible for assessing whether the other party to the contract fulfill their contractual obligations. However, the judicial system has the ultimate responsibility and authority to resolve a dispute between contracting parties.
This chapter introduces legal principles underpinning real property leases. Students will recognize that property and contracts concepts combine to form the foundation of lease law.
Soil & Water Use & Conservation
This page introduces a variety of federal and state laws directed at encouraging practices that conserve natural resources, such as water and soil.
Waste Disposal, Wetlands & Pesticide Application
Since the late 1960s, U.S. law has evolved to protect our natural environment.
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