Horse on someone else's land - The Horse Forum
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post #1 of 15 Old 10-30-2019, 05:54 AM Thread Starter
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Horse on someone else's land

So I'm trying to help a friend of mine e get her horse back and we are both completely stumped. The law won't help us cause they claim its civil. (Back story) my friend was boarding her horse at this ladies place summer or 2018. She went to got get her horse and the lady claimed she sold it. Now she has all the paperwork and everything she needs to prove that this horse is hers. Well my friend got proof as of september of 2018 that this lady hasn't sold her horse but was keeping it hostage. My friend went to the court house and got a court order for the lady to give the horse back. Well this lady decided to make the horse disappear, making my friend unable to retrieve her horse. Well now an anonymous person has come forward saying that this lady still has this horse. Here is my question: since the police in the area won't do anything since it was called a civil matter, can my friend just go get her horse since its under court order for the lady to turn the horse over? Or are we out of hope of everything seeing the horse again because the lady doesn't want to let loose of this horse.
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post #2 of 15 Old 10-30-2019, 06:45 AM
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You need to consult a lawyer not a forum of horse enthusiasts.
Laws are different state to state, country to country regarding livestock.
To me, if she has undeniable proof said horse is her horse, a court order to take possession of said animal then she should be fine to take the animal.
Where it gets sticky is the horse is on private property...and it doesn't sound like it is the property of the person holding the animal "hostage" either.

Where my mind goes to though is...
If the person providing all this information about the animals location knows, has seen and has access to ...why is this person not helping by taking said horse for a walk and graze time and hand the animal over to the court-appointed owner?
Sorry, the entire thing smells rotten and some piece of the puzzle is yet missing.

Make sure the law is on your side = pay a attorney to answer your questions about your legal rights, the rights of the land owner who will be trespassed on and the rights of the person who is in possession of the animal currently.
Agricultural and livestock laws are far different than many other laws...you must know your rights and what is legal or not or you face jail, fines and a criminal record.
Good luck.
...
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post #3 of 15 Old 10-30-2019, 08:24 AM
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It seems to me that if there is a court order than the police have to get involved with the retrieval of the horse. Find out where the horse is and show up with the police. In the past, the police would not get involve because it's a he says she says type of thing. Now that your friend went to court with proof of ownership and the court has said "give the horse back" the police should be behind her. Nothing they can do if the horse disappears again.

Personally, I would just walk on the property and take my horse back. But that is me and not everyone. It could be a good way to get shot.

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post #4 of 15 Old 10-30-2019, 08:57 AM
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Quote:
Originally Posted by Idajaz15 View Post
So I'm trying to help a friend of mine e get her horse back and we are both completely stumped. The law won't help us cause they claim its civil. (Back story) my friend was boarding her horse at this ladies place summer or 2018. She went to got get her horse and the lady claimed she sold it. Now she has all the paperwork and everything she needs to prove that this horse is hers. Well my friend got proof as of september of 2018 that this lady hasn't sold her horse but was keeping it hostage. My friend went to the court house and got a court order for the lady to give the horse back. Well this lady decided to make the horse disappear, making my friend unable to retrieve her horse. Well now an anonymous person has come forward saying that this lady still has this horse. Here is my question: since the police in the area won't do anything since it was called a civil matter, can my friend just go get her horse since its under court order for the lady to turn the horse over? Or are we out of hope of everything seeing the horse again because the lady doesn't want to let loose of this horse.



Unless you have made a mistake with the dates this situation is over a year old. Why would it take a year to get proof of purchase for the animal? That information should have been turned over at the sale and kept in a safe location. All bills paid (vet, board, farrier, etc) should also have been kept and if not in with sale in a file close by. Is the court order recent? They do have expiration dates. A call to the sheriff's office would get you an escort but I would want to know the other person's side. Does she have a legitimate claim - have all the board bills been kept up to date. Was your friend a conscientious boarder and there was no damage by her or her horse that was covered and needs fixed before releasing horse?



I agree. a lawyer not a horse forum for advice. Something does sound fishy.
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post #5 of 15 Old 10-30-2019, 09:22 AM
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I have a feeling your friend is omitting something. If she was supposed to pay board and failed to do so, there are laws that allow the barn owner to recoup the expense. (If she had something in writing - that would be easy enough to do). If the horse was left there and the friend wasn't coming by and wasn't caring for the horse then after a certain amount of time there are rules that apply. I gave a horse away years ago that was left at my place. The women dropped it off, said she was in a bind and she'd be back in a month. Almost a year later - I gave the horse away. I ran an add in the paper that said if you don't claim your horse by a specific date, I would be selling it. I gave it away and wrote up a bill of sale for a dollar. (I consulted a lawyer).

So the story may be missing some info....
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post #6 of 15 Old 10-30-2019, 12:17 PM
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Originally Posted by QtrBel View Post
Unless you have made a mistake with the dates this situation is over a year old. Why would it take a year to get proof of purchase for the animal? That information should have been turned over at the sale and kept in a safe location. All bills paid (vet, board, farrier, etc) should also have been kept and if not in with sale in a file close by. Is the court order recent? They do have expiration dates. A call to the sheriff's office would get you an escort but I would want to know the other person's side. Does she have a legitimate claim - have all the board bills been kept up to date. Was your friend a conscientious boarder and there was no damage by her or her horse that was covered and needs fixed before releasing horse?



I agree. a lawyer not a horse forum for advice. Something does sound fishy.
The way I'm reading it is that the summer of 2018 was when she was boarding and then went to get her horse and the lady said she sold it. The friend had proof the whole time that the horse belonged to her. In Sept. of 2018 the friend got proof that the lady did not sell the horse but was hiding it so the friend went to court and was awarded the decision that it was her horse and she should get it back so the lady hid the horse again so she couldn't retrieve it. Now a year later the friend has gotten word from someone that the lady still has the horse. I guess the horse came out of hiding when the lady decided that the owner gave up on getting it back.
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post #7 of 15 Old 10-30-2019, 05:05 PM
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I would definitely consult a lawyer with experience in livestock laws before just walking onto a property, to know exactly what her rights are. Good luck OP.
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post #8 of 15 Old 10-30-2019, 07:14 PM Thread Starter
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Thanks everyone, for your input. Sorry for posting this here I didn't know where else to turn, and I was curious if anyone else has gone thru this. No lawyer will give her the time of day and the police where I live are extremely lazy.
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post #9 of 15 Old 10-30-2019, 07:17 PM Thread Starter
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Quote:
Originally Posted by LoriF View Post
Quote:
Originally Posted by QtrBel View Post
Unless you have made a mistake with the dates this situation is over a year old. Why would it take a year to get proof of purchase for the animal? That information should have been turned over at the sale and kept in a safe location. All bills paid (vet, board, farrier, etc) should also have been kept and if not in with sale in a file close by. Is the court order recent? They do have expiration dates. A call to the sheriff's office would get you an escort but I would want to know the other person's side. Does she have a legitimate claim - have all the board bills been kept up to date. Was your friend a conscientious boarder and there was no damage by her or her horse that was covered and needs fixed before releasing horse?



I agree. a lawyer not a horse forum for advice. Something does sound fishy.
The way I'm reading it is that the summer of 2018 was when she was boarding and then went to get her horse and the lady said she sold it. The friend had proof the whole time that the horse belonged to her. In Sept. of 2018 the friend got proof that the lady did not sell the horse but was hiding it so the friend went to court and was awarded the decision that it was her horse and she should get it back so the lady hid the horse again so she couldn't retrieve it. Now a year later the friend has gotten word from someone that the lady still has the horse. I guess the horse came out of hiding when the lady decided that the owner gave up on getting it back.

Yes that is exactly it. My friend paid over the amount of boarding she even has receipts of the boarding paid in full. The lady has multiple properties and we are guessing she moved the horse around them, and now someone has spotted the horse in question. Again sorry for posting this here I'm just looking for someone who might have gone thru this or has any points.
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post #10 of 15 Old 10-30-2019, 07:37 PM
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Since the police are pretty lazy in your area, ask these people that have seen the horse, where it is. Then your friend can just go get it since the police are lazy, they're not going to do anything.

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