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Find a news article from the last few years that describes a conflict that can be resolved with a rule of law that we are studying
Find a news article from the last few years that describes a conflict that can be resolved with a rule of law that we are studying. Please post:
- A short summary of the conflict in your own words (4 pts)
- Which area of the law applies to this situation and why (no need to discuss a resolution to the conflict yet) (4 pts)
- A link or pdf to the source (2 pts)
For example:
- A trespasser on agricultural land that is injured while trespassing
- A contract dispute between farmer and suppliers/buyers
- A production contract dispute
- Land use conflict, such as an agricultural landowner using land for non-agricultural purposes or pesticide drift
- Agricultural labor dispute
Remember that most conflicts do not end up in court, but end in settlement, so you do not have to find a situation where a lawsuit has already been filed. Stay away from complex regulatory issues (endangered species, pesticide registration, etc).
I will select 4-5 of these articles and assign you to one of them for the rest of the Ag Law Current Event Assignments. Here we can get a start on framing these as legal issues so that you have a foundation for the next part of the assignment. And we will learn about current events in ag law!
For this discussion, I will require that you post something before you see other posts. Everyone has to contribute--no free riders!
Guidelines
This discussion is part of the Ag Law Current Event Assignment. It is worth 10 points (point distribution noted in prompt).
Expert Solution
SUMMARY
This property line conflict is between Garland Gilmore and Lesha Prater (Gilmore) and Sean and Kim Collier (Colliers). Gilmore and Collier both acquired title to their parcels from the Holders.
Gilmore is a farmer, and since 1972, he planted crops on the disputed strip of land. But Gilmore’s property description on his deed did not include this strip of land. When Gilmore bought the land, he was told by Holder that he should farm up to the point that went up to a fence (that used to exist). Gilmore was under the assumption that he had permission to farm up to that point, even though he was not sold that part of the land. Later, he said that he always thought that he owned the land he was farming, and he never had the intent to take someone else’s property.
The Colliers received their property in 2012, from the Holders. The Colliers wanted to use the strip of land for a goat pasture. Per the deeded land description, they now owned this land.
AREA OF LAW
This is a conflict involving adverse possession, and the elements needed to prove this. The element involving intent/hostility is addressed in this conflict.
Gilmore’s mindset and reasoning behind farming on the strip of disputed land needs to be determined to decide if he owns the land due to adverse possession. Was it hostile or permissive?
LINKS
https://www.dailyrecord.us/collier-v-gilmore-218-ark-app-549-11-14-2018 (Links to an external site.)
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