Question about broodmare leasing
I was wondering if someone couls help me out with a few questions I have. OK heres the situation...I own the mare and my boyfriends mom is leasing her and bred her to a stallion...When we made the agreement I signed a form that was an agreement for the lease but at the time she was nice to me and never gave me a copy of the agreement. We agreed that I could continue riding her and giving lessons off of her and taking her to local shows for my clients to show. Now 6 months down the road we came upon a tropical storm approaching and they were going to house her in a with another mare that was also pregnant. Me and my boyfriend own those two mares so we found somewhere to house them during the storm. after the storm, the owner of the property approached us and said we could keep the mares there for help around the barn. Now my question is does my boyfriends mom have the authority to tell me what I can and cant do with my mare because she is leasing her for a baby or do I have the authority because the mare is legally mine and I only have to give her the baby once it is weaned?? Also who has the say so in where the mare has the foal??
Well, it kinda depends on what the lease agreement says. Definately get a copy of that agreement. Generally, when a person leases a horse, THEY (the leasee) keep, house, and pay for any expenses the mare incures. BUT, as the owner, you have final say about the care etc. of the mare. Generally, but not always, the leasee keeps and foals out the baby. A lot depends on the agreement. I've known some people who own mares to make it part of the agreement that the mare foals with them.
Being as its your boyfriends mom, I would tread lightly and try to come to an agreement. Not saying to have your mare in an unsafe environment, but try to get to a common ground. For example, maybe you could keep your mare where you want, but you be sure to call her when the mare foals so she can be a part of it. Or, she can keep the mare, and call you when she foals so that you know the foaling is going well for both dam and baby.
Is there a disagreement going on? Or is this a general question?
There is a disagreement going on because she is saying that I have no choice about where my mare can foal. I was just trying to see that if I had a legal backing to keep my mare where I have her if it helps with the mare and foals health. I had to keep shoes on her over at his parents house because there is a concrete slab infront of the stalls and she was starting to get sore. This also happened to their yearling and mare and foal this year. I will probably let her foal there but I was wondering if there was probably a legal way I could make the desision about where she is kept??
Unless the lease agreement says otherwise, as the mare owner you have final say as to all of her care, including where she is kept and foals.
I still believe that it would be best to come to an amicable agreement, since she is family.
i agree fully with txhorsemum. i leased a mare in the past and no matter what the agreement, the final say on things was always the owners choice. i had to tell him where she was going and if he didnt approve, she didnt go.
it does get hard with family but if the mare is yours, legally and morally, you should have the final say in anything that happens to her. if you lease a car you still have to go by the rules outlined by the rental company. the person hasnt bought the horse therefore they own no right to the final say.
i sure hope you can work this out. one big reason i would never lease a horse to anyone under any circumstances. especially when its someone you know cause its easier for them to take advantage of you and your desire to not cause trouble because they are family/friends. all the best for you :)
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