Proving ownership.

       The Horse Forum > Horse Resources > Horse Law

Proving ownership.

This is a discussion on Proving ownership. within the Horse Law forums, part of the Horse Resources category
  • Apha ownership laws
  • Horse ownership ownership 9/10s of the law

LinkBack Thread Tools
    06-01-2010, 07:12 PM
Proving ownership.

Long story short, my horse's previous owner is a whacko. She's just not quite right. I bought Ricci off her and continued to board on her property for one heck of a great deal, which became even better when I got my filly and cost of board didn't change.

Things have gotten progressively worse over the year from date of purchase to now. Comments made about how she "knows her mare," and just a general uneasiness has filled my stomach. I don't trust her not to try and take Ricci back. With a recent scuffle over my not wanting her grandson around my horses without adult supervision and a liability waiver signed, I'm moving my horses AS SOON AS POSSIBLE.

Now, I'm just trying to make sure all my ducks are in a row JUST IN CASE she tries to pull something. This is a list of everything I have or have access to to prove ownership:

- I made every payment with a check. Each check said "Ricci [month]" on the notes bar. Each check is available on my bank account history.

- I have Ricci's official APHA and PtHA certificates, although neither are in my name. I am sending out the APHA transfer request tomorrow.

- I have a bill of sale that says, "I, [insert previous owner's name] have sold by [her typo] registered Paint mare, Impressive Raquel #216,688 to [insert my name]. All payments of $5500.00 have been paid in full. Good job!!!!" Then her name in print, her signature, and the date [010609].

Will it cause any problems proving ownership if I only get an ownership transfer with APHA? I will put her PtHA registration in my name when I have the money, but it's $80 just to get her APHA papers in my name, and things will get much tighter when I move them.

She does still have to sign the APHA transfer papers for it to go through. If she does not sign the APHA transfer papers, do I still have enough to prove Ricci is mine?
Sponsored Links
    06-01-2010, 08:45 PM
Not sure of your state laws, but in Wyoming a bill of sale signed and dated by the previous owner is all you need to prove ownership. Plus you have all your dated and cashed checks proving you paid the whole purchase price.
I have a signed bill of sale on a Paint gelding we rescued and have the papers, but never even sent them in. But, the bill of sale was all we needed to prove ownership, then we had a lifetime brand inspection done for him also.
I think you have all your paperwork in order. I am not sure, but if she will not sign the transfer from APHA to you, I believe with all the proof you have, you could get her transfered in your name if she refuses to sign the APHA paperwork now by sending in a letter of explanation and all your proof of checks and bill of sale.
I would certainly move them as quick as you can, sounds like too much "old owner" syndrome there. Good luck
    06-01-2010, 08:53 PM
If you have a bill of sale, I would think you'd be good. Or at least that's all I've ever bothered with. If you have a nut hunting your horse down, however, it might be good to change the registration papers. On both of the registered horses I own now, their breeders are still on there and I'm not worried because I have bills of sales/proof of purchase papers.
    06-01-2010, 09:05 PM
That's what I'm thinking. The bill of sale should be enough, especially since Ricci's APHA number is included. I can match the horse to the number to the picture on the papers, lol.

I still plan on getting her APHA papers in my name though, so there is no way to question it, you know what I mean? If she goes to the police because I whisked my horses off her property saying I stole her, even if she has a copy of the papers, it's no good because APHA has ME as the owner.

I'm sure I'm fretting over nothing. Life has been really stressful lately, and I don't want to have to go to court over a horse I bought over a year ago. O_O
    06-01-2010, 09:19 PM
Better safe than sorry, right?
    06-01-2010, 10:07 PM
Where I'm from it really depends on how the issue is brought to the law end of it. Just because you have the papers doesn't nessisarily mean you are safe. The police will only say the papers are valid if it is unmistakably the same horse. If she has a brand or tattoo that is recorded on the papers then you are fine with the papers and bill of sale. If there isn't anything like that then the other person can argue that it isn't the same horse in the picture (can get tricky). Also, possetion is 9/10ths of the law, it is her property so she tecknically has "possetion" according to the police. Now small claims court is different so if it goes that way then you would be fine.

Now I'm not trying to scare you, just letting you know what the police think. If she has a brand or tattoo you are fine.

Now as for the papers. If the previouse owner won't sign them then the bill of sale should suffice to change them. The best thing for you though is to get off of her property as soon as possible to avoid any issue if she renaigs. Then she doesn't have the added advantage of the horse being on her property.

Hope everything works out for you guys.
    06-01-2010, 10:33 PM
She is a Paint, no brand or tattoo needed. =]

That being said, I am following the "better safe than sorry" motto.
    06-01-2010, 10:44 PM
I agree, a Paint has its own markings. I would take photos of every side of her, especially the side from the photo on the papers she is registered with.
    06-01-2010, 10:48 PM
Definitely done. The two photos on her two certificates are of either side, and I have thousands of pictures of her, haah. I even have pictures of each splotch that I took with the intention of drawing her.

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
Six months of ownership ridesapaintedpony Horse Pictures 2 07-17-2009 01:57 AM
changing the ownership/reg. name? Go The Distance Horse Breeding 1 06-01-2009 06:26 PM
Ownership Issues julenshaun Horse Law 4 04-11-2009 10:41 AM
Gun Ownership In Iowa... smrobs Jokes and Funnies 0 04-02-2009 09:58 AM
New Ownership ?s harmony079 Horse Talk 3 07-05-2007 01:53 AM

All times are GMT -4. The time now is 07:25 PM.

Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2015, Jelsoft Enterprises Ltd.
Search Engine Friendly URLs by vBSEO 3.6.0