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-   -   enter private property without notice to get horses back (http://www.horseforum.com/horse-law/enter-private-property-without-notice-get-156188/)

hellomynameis 03-12-2013 04:15 PM

enter private property without notice to get horses back
 
Hey everyone, I have a question and would love to know what everyone has to say that can help this situation.. Thank you in advance :)

Last year we were had to move/sell some of our horses due to the county spreading Johnson grass on the road which spread across our pastures. Any ways, the final two horses we wanted to stay close to us, so we asked a friend if he wanted them. The terms where.. with my horse I wasn't charging because I wanted the retain the right to take him back in the future.. He agreed. With my husbands horse our friend agreed to pay monthly payments until the full amount was paid.
Now.. one year later, the guy has never paid anything for my husband's horse. We finally got to see them this past weekend and they are seriously in mud that went above there knees, in a pasture that is too small for the 6 horses he had in there. They had been in mud so long that there where dried balls hanging from there fur, over an inch in diameter. Two other pastures where lush in grass without one horse on them. The horses also had a round bale that looked like it was rotten and moldy with the fine net wrapping still on it!
My question is.. Can we take them back due to him not paying for my husbands horse, the condition of the horses/where they stay, and the terms he agreed to prior to taking the horses?
I am a resident of NC and the horses are located in SC.

Kayella 03-12-2013 04:20 PM

Do you have a written contract stating your terms?

Dreamcatcher Arabians 03-12-2013 04:21 PM

Quote:

Originally Posted by hellomynameis (Post 1934717)
The terms where.. with my horse I wasn't charging because I wanted the retain the right to take him back in the future.. He agreed. With my husbands horse our friend agreed to pay monthly payments until the full amount was paid.
................. Can we take them back due to him not paying for my husbands horse, the condition of the horses/where they stay, and the terms he agreed to prior to taking the horses?

What proof do you have that the horses are/were ever yours? What do you have in writing for the terms of your agreements with the person who now has possession of the horses?

Critter sitter 03-12-2013 04:24 PM

not that is would help but maybe in court. did you have a written contract with it noterized?

hellomynameis 03-12-2013 04:26 PM

Quote:

Originally Posted by Kayella (Post 1934724)
Do you have a written contract stating your terms?

We have text messages and emails were exchanged.

Critter sitter 03-12-2013 04:27 PM

that may help but you have to get on the property to get them back. have you asked the person for the return of them yet?
ask in writing

hellomynameis 03-12-2013 04:28 PM

Quote:

Originally Posted by Dreamcatcher Arabians (Post 1934725)
What proof do you have that the horses are/were ever yours? What do you have in writing for the terms of your agreements with the person who now has possession of the horses?

I have copies of the checks I used to pay for my horse. Along with all his paperwork. My husband has all his horses paperwork along with all his receipts all of his training.

hellomynameis 03-12-2013 04:32 PM

Quote:

Originally Posted by Critter sitter (Post 1934734)
that may help but you have to get on the property to get them back. have you asked the person for the return of them yet?
ask in writing

No, we have not said anything to him yet. He may let us take them. We are trying to gain as much information on our rights before moving forward. Right now, neither my husband or I are thinking clearly with the condition of the property and horses.

Critter sitter 03-12-2013 04:33 PM

Quote:

Originally Posted by hellomynameis (Post 1934747)
No, we have not said anything to him yet. He may let us take them. We are trying to gain as much information on our rights before moving forward. Right now, neither my husband or I are thinking clearly with the condition of the property and horses.

I would document everything Pictures any calls texts or emails made.

hellomynameis 03-12-2013 04:37 PM

Thank you. I will start putting everything together. The transition may move smoothly. However, if he doesn't want to give them up, I want to have in mind exactly what to do next.


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