Can I claim legal ownership of this horse?
   

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Can I claim legal ownership of this horse?

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  • Who is the legal owner of a horse
  • Horse worming before and after

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    08-18-2011, 10:14 AM
  #1
Started
Can I claim legal ownership of this horse?

This horse was a neighbors horse which he had tied to a tree because he had no fence to hold him in. He asked me if he could board the horse with me for a bit. I told him I could and understanding that he didn't make much money I said he could say for the low price of $40.00 but grain would be extra he would have to provide it. Well they brought him one bag of grain in the winter! I could not let this horse just starve to death cause he definitely was so I started feeding him and I told him he would have to pay me for the feed. I've had this horse since October since then he gave me $100.00 and that's it and recently I can't even get ahold of him. Can I take this horse as a fee per say or can I own him legally as abandoned property? Would I have a case if they tried to remove him from my property?

Red before food and worming and constant love and care.


Red after I took care of him.



     
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    08-18-2011, 10:17 AM
  #2
Showing
Your best bet is to consult with an attorney knowledgeable in equine law.

I'm willing to bet this guy abandoned the horse, but for your own peace of mind you'll need to know what to do about obtaining this animal legally. It may be as simple as providing proof that you've been taking care of the horse, but an equine law attorney will know best.
     
    08-18-2011, 10:23 AM
  #3
Banned
What Speed said ^^^^.

There's also something called a mechanic's lein, which allows you to take possession of property left in your care when the owner of the property owes you money. Named because it originally was written for mechanics, giving them a lein against a car title when they were owed money for repairs.

However, I'm not sure if you can file one with the court in the absence of an actual board contract.

You could try calling the clerk of the court in your county and ask about the requirements for filing a mechanic's lein to start off with; but I suspect you will need to talk to an attorney to get clear title to the horse.

He looks great in your photos, good job. BTW, it's great that you have those photos as documentation of the care you've provided - that will help your case.
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    08-18-2011, 01:28 PM
  #4
Started
Thanks I worked hard to get him to look that way. I did everything I could to fatten him up quick I'm sure being that skinny made winter a little colder. I was so scared when I wormed him for the first time. I was afraid he might die. I wormed him lightly then 2 weeks later real hard. After worming he fattened right up and his coat became healthy again. He is such a sweet boy. I can't believe they would allow that horse to get in that condition.
     
    08-18-2011, 01:38 PM
  #5
Banned
Call your local law enforcement and see what the deputy says they may just make a report about it so that if in the future the owner trys to take the horse or sell the horse you will have a say or what not
     
    08-18-2011, 02:00 PM
  #6
Banned
Though I think police are great they will most likely not know the ins and outs of a stableman's lien so calling law enforcement will not help you much.

The rules regarding a stableman's lien vary from state to state. Find an equine lawyer like SR and Maura suggested and make sure they are know about the laws in your state.


Curious, who has been paying for the hoof care and vet care the horse receives?
     
    08-18-2011, 02:16 PM
  #7
mls
Trained
My bet is there is no contract.

In a he said/she said situation, the judge will side with the party that has the burden of proof. Do you have all of your receipts, etc to prove you have been providing for the horse?
     
    08-18-2011, 02:28 PM
  #8
Banned
Being as I work for law enforcement I know that deputies will point you in the right direction. :)
     
    08-18-2011, 02:30 PM
  #9
Banned
I would say that you and your co-workers are the exception, not the norm.
     
    08-18-2011, 02:51 PM
  #10
Banned
It is most likely going to be seen as a civil matter so you will probably end up talking with magistrate court, so if for some reason you are not able to speak with an officer then call magistrate.
     

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