Can I claim legal ownership of this horse?

       The Horse Forum > Horse Resources > Horse Law

Can I claim legal ownership of this horse?

This is a discussion on Can I claim legal ownership of this horse? within the Horse Law forums, part of the Horse Resources category

Like Tree5Likes

LinkBack Thread Tools
    08-18-2011, 11:14 AM
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.

Sponsored Links
    08-18-2011, 11:17 AM
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, 11:23 AM
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.
gigem88 likes this.
    08-18-2011, 02:28 PM
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, 02:38 PM
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, 03:00 PM
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, 03:16 PM
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, 03:28 PM
Being as I work for law enforcement I know that deputies will point you in the right direction. :)
    08-18-2011, 03:30 PM
I would say that you and your co-workers are the exception, not the norm.
    08-18-2011, 03:51 PM
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.

Quick Reply
Please help keep the Horse Forum enjoyable by reporting rude posts.

Register Now

In order to be able to post messages on the The Horse Forum forums, you must first register.

Already have a Horse Forum account?
Members are allowed only one account per person at the Horse Forum, so if you've made an account here in the past you'll need to continue using that account. Please do not create a new account or you may lose access to the Horse Forum. If you need help recovering your existing account, please Contact Us. We'll be glad to help!

New to the Horse Forum?
Please choose a username you will be satisfied with using for the duration of your membership at the Horse Forum. We do not change members' usernames upon request because that would make it difficult for everyone to keep track of who is who on the forum. For that reason, please do not incorporate your horse's name into your username so that you are not stuck with a username related to a horse you may no longer have some day, or use any other username you may no longer identify with or care for in the future.

User Name:
Please enter a password for your user account. Note that passwords are case-sensitive.
Confirm Password:
Email Address
Please enter a valid email address for yourself.
Email Address:


Human Verification

In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.

Old Thread Warning
This thread is more than 90 days old. When a thread is this old, it is often better to start a new thread rather than post to it. However, If you feel you have something of value to add to this particular thread, you can do so by checking the box below before submitting your post.

Thread Tools

Similar Threads
Thread Thread Starter Forum Replies Last Post
new to horse ownership very discouraged Laddy Horse Training 16 01-18-2011 04:31 PM
Horse ownership preparation JustPaint Horse Talk 2 12-10-2010 05:47 PM
Prerequisites For Horse Ownership Brighteyes Horse Talk 10 01-14-2010 05:51 PM
beginner's questions about horse ownership saraltx Horse Riding 10 06-17-2009 04:38 PM

All times are GMT -4. The time now is 06:52 AM.

Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2016, Jelsoft Enterprises Ltd.
Search Engine Friendly URLs by vBSEO 3.6.0