Opn. No.

JOHN R. MARSHALL, JR, ESQ. Town Attorney, Guilford

We acknowledge receipt of your letter asking for an interpretation of the expression "adjoining tract of land" as that expression is used in Town Law § 300.

You describe the following factual situation: two farmers in your town, designated as farmer A and farmer B, own and operate adjoining dairy farms separated by a division fence which now or in the future will need repairs and/or replacement. Farmer A secures and keeps his cattle in an area of his farm which is separated or remote from the division line and his cattle cannot stray onto…