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Twilight Arabians 08-29-2012 02:33 PM

Question about stolen horse laws
Hey all! So I sold my horse almost 2 years ago and her new owner called me the other day all freaked out because a lady that owned her before me recognized her at a horse show, now I'll start off by saying that Willow was not stolen, when I had her I was able to track down all of her past owners from the time she was a yearling to the time I got her, including this lady that saw her at the show, they said nothing about wanting to get her back except that she wished she had bought her when I had her for sale because I had offered to let her buy her before I sold her to anyone else and she didn't want to. But the lady I sold her to got kinda freaked out by it still and wants to do a paper trail witch is fine I guess, better safe then sorry, they love Willow and will never sell her. So I agreed to send her a copy I made of our bill of sale when I sold her and the one I got when I bought her and told her good luck finding the lady I got her from because last I heard she had moved to canada and judging by the way this lady had cared for Willow I am betting she didn't bother keeping any paper work, considering it was almost 5 years ago that I had bought her... so who knows what will happen with that really.

But all this got me thinking, what would happen if she had been stolen at one point? Would the people that had her now have to give her back even though they had bought her and had gotten a bill of sale? or would they only be able to go after the person that stole her to try to get what she was worth back and send them to jail?

I know this is kinda a weird question but it might be nice to know in case she calls me again.

BarrelWannabe 08-29-2012 02:56 PM

I don't see any sort of legitimate claim the former owner could have for the horse. You have a written bill of sale for the horse, so what is this lady's deal?

I wouldn't give her any of your information other than letting her see the bill of sale from when you originally purchased her. Even then, I would only let her see that you have one, not collect any information.
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Twilight Arabians 08-29-2012 03:05 PM

This lady is a little odd... she even called my mom and asked her for the bill of sale... and my mom was like, um, I have no idea where it is my daughter moved out over a year ago. Lol! I'm still looking for my bill of sale, when I moved stuff got lost and because I hadn't owned her in over 6 months I didn't really think much about it, so who know's if i'll ever find it. Again the people that came up to her didn't say anything about getting her back but some how she thinks they could if she doesn't have every bill of sale that was made for this horse witch i'm sure is pretty much impossible to do seeing as how she's not registered...

bsms 08-29-2012 03:09 PM

I'm not a lawyer, but my understanding is the person the horse was stolen from would get her back, and any owners since would have to try to get damages from the thief.

I doubt I could produce a bill of sale for our two unregistered horses.

gothicangel69 08-29-2012 03:40 PM

If she was indeed stolen, the original owner COULD claim her, but only if they have proof she was stolen. If they don't have a police report stating the horse was stolen, then they would be out of luck.
If the horse's owner really wants to know, she could call around and see if any stolen horse reports fit her horse's description.
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WickedNag 08-30-2012 06:57 AM

I am not an attorney either but it was always my impression that the person with the horse would have to be compensated and the one it was stolen from would get it back.

Joe4d 08-30-2012 08:35 AM

and who would compensate the person with the horse ?
The old expression possession is 9/10th of the law.
Without a 5 to 7 year old police report or when ever said person supposedly owned the horse. And fairly substantial proof that said horse is the same horse in the report not much to worry about.
Id wait until those items were sent to me before I even gave it another thought. even then I wouldnt be volunteering any info or documents.

bsms 08-30-2012 09:06 AM

I certainly wouldn't had a horse over without proof of theft, and someone asking for a paper trail on most horses would just have to live with disappointment.

I know with guns the rule is the gun goes back to the owner it was stolen from, and anyone else after that sucks up the loss unless the thief can pay them.

WickedNag 08-30-2012 09:25 AM

Good question Joe4d. I guess I thought it would have to be the person who wants his stolen horse back but ???? I ASSUMED that if the person who claims the horse was stolen and finds it and wants it back they would pay for the horse to come home?

Now I have another question. Does homeowners/farm/boarding insurance cover the loss of a horse as it would say a tractor? Is that why some have separate insurance on their horses.

Speed Racer 08-30-2012 10:13 AM

Wicked, the only things covered under homeowner policies are personal property items, not animals. Homeowner's won't pay to buy you another puppy if you lose yours in a house fire, so they're sure as heck not going to pay you if your horse gets stolen.

If you want to be reimbursed for an animal, then yes, you'll need separate insurance.

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