need ownership...how do I get it? - Page 2
   

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need ownership...how do I get it?

This is a discussion on need ownership...how do I get it? within the Horse Law forums, part of the Horse Resources category
  • 9 10ths of the law on horse ownership

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    02-03-2012, 05:35 PM
  #11
Trained
Quote:
Originally Posted by sammerson    
I think we are missing the point. The question that she really wants to know is how to obtain ownership of the filly.

But until we understand what has gone on here we can't even hope to help, it is confusing.

Any advice you get here is worth exactly what you pay for it, a big fat zero. The only way you can resolve this is with proper legal advice I'm afraid, and very often that is very expensive.

Good luck anyway
     
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    02-03-2012, 06:04 PM
  #12
Weanling
Well I am going to try the cheapest way first.
Thanks everyone for your advice
     
    02-06-2012, 07:37 PM
  #13
Weanling
Even without an actual "contract", most states have an "Agistment" law regarding boarded horses who are left without payment. Some laws vary to say that legal action must be taken, other ones say that after X number of days, and proper paper trail (as specified in the specific laws) and course of action, you can foreclose a lien for the amount due and owing for the horses care and keeping. Look into your state law and contact an attorney. Good luck!
     
    02-06-2012, 08:15 PM
  #14
Trained
Am I right that now both father and son are dead? Leaving only the "wife"person?
I am really confused, but it may be the wine.......

I also think that there are laws which vary by jurisdiction, that deal with abandonment. If I were you I would be familiarizing myself with those, and making a hell of a paper trail.
     
    02-06-2012, 10:26 PM
  #15
Showing
Since you have been boarding the horse and no money, you may already own the horse by ownership being 9/10 of the law. The horse has been in your care for quite some time (understood ownership). Can the son prove the horse is his? Does he have a bill of sale? Not likely. I strongly recommend you have no further communication with this woman or the son or you will be the one who loses out. If there was no written contract between you and the son, bonus.
     
    02-06-2012, 10:57 PM
  #16
Weanling
I really disagree with saddlebag. Please find out what your state's laws are. Possession being 9/10 of the law is bull in the event that these people take you to court. At the very least, I'd send a bill for all services rendered in the care of the horse to the last known address. In any case, do your research, starting with law regarding horse boarding in your state.
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    02-07-2012, 12:21 AM
  #17
Foal
If you were a boarding facility (or any of the veterinary facilities I have worked at) there is usually a legal "abandonment" process that you can follow. Where I live if you send them a certified letter saying you will consider the animal abandoned if they do not respond within (I think it is 10?) days and they do not respond you have control of the animal. They would still be held liable for whatever fees/money they owe you to that point but you would be able to either keep the animal or find it a home (or shelter or whatever.)

That said -that's the law where I live and I'm not a lawyer. In this case I would find an attorney that knows equine law- even to get a rough idea of how to proceed. It would probably help you quite a bit.
     
    02-07-2012, 12:30 AM
  #18
Trained
Well since no one has any documentation & possession is key here, it's your horse. Tell her to get lost, her old man gave you the horse. If she comes around your place, call the cops, it's trespassing. Let her get a lawyer, & good luck with that, cost her more than the horse is worth.
     
    02-07-2012, 12:33 AM
  #19
Trained
By the way, that is exactly how I acquired a horse. Someone brought their horse to me for training, 2 actually. They wanted 3 months on one, 2 on the other. They paid their training bill, I hauled one horse back to them. The other one, they never called me for 6 months, number was disconnected. They called after the winter, I told them to pay the board bill, they didn't, so I kept the horse until he died, 20 years later.
     
    02-07-2012, 01:56 AM
  #20
Weanling
Thank you everyone for your advice I appreciate all of it.
I apologize for the unorganized and confusing story, I should have taken more time and made it more understandable
I am not sure what I will do, but this is all helpful.
     

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