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- - my rights to a so called leased horse (http://www.horseforum.com/horse-law/my-rights-so-called-leased-horse-87337/)
my rights to a so called leased horse
I have a 5 yr old Thoroughbred that I got from a lady who rescued him after he hurt his leg. She told me he was free because she could not afford the surgery that he supposedly needed. She initially never mentioned anything about me leasing him but said that "if we want to bring him into our family" We have had him since last July and she checked on him once by email. My husband saw her 2 months ago and told her that we were moving out of state and wanted to get his papers so that we could take him with us. At this point she says that she will have to think about it as he was only supposed to be a free lease. She said that she would come by that week and check up on him. She never showed. We are moving in about 2 weeks so I emailed her and didn't get any response. I called her today and only got voice mail, 4 days later. Do I have any rights to this horse if she doesn't respond to me by the time we move?
If you were given this horse with no papers signed in the beginning that that stated it was a lease in any way then possession is 9 tenths of the law.
I would say give up on getting papers and take the horse with you.
Send her one last email saying thanks for the horse and that he will have a nice home with you... then leave...with the horse.
Note...is she rescued this horse the odds are she has no papers.
I would take the horse and move. You should have vet records to show you have been caring for the horse for the last yr. Usually on a free horse you do not get registration papers. How much was the surgery? That is what you actually paid for the horse
I'd give up on the papers and just take the horse with you when you move. Make sure you save the emails that you sent to her.
Print a copy of the email. When you originally got him, did she tell you he was free in an email or a phone call? Track down the email or record of call and bring it with you so you have something for sure to back you up should she try to get the horse back.
i agree with equiniphile, find the records that state he was free and she couldnt afford the surgery. Hes yours, she made no paperwork stating he was at lease so you have ownership.
Not legally without any sales or agreement papers. However, you can ask her to pay for all vet and boarding fees you may charge for his care before you release the horse to her. Chances are she'll forget the whole thing. Or you can just move with him, that will be very risky especially if she knows where you might be going. She can claim theft and have you arrested. Call the local Sheriff and ask questions, put everything you say as a hypothetical question. Don't put yourself in a bad situation. Go to her house with a witness at your side and make your intentions known. Are there gentlemans agreement laws in SC. Some states there are. Hope you luck, most of all I wish the horse luck.
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