abandoned horse

[pony crazy]

hey guys i need a question answered.My boyfriend's ex left her horse at his place.He has been there for over a year without payment from her.She has basically abandoned him,she has not sent any money or even come to see him.So my question is,legally who owns this horse?Any ideas.I am waiting for a reply from the ospca.

[goldendryad]

<font color="magenta">I think the barn now owns the horse, and can do whatever they wish - sell it, whatever. <br /> <br />Another person on this BB had something similar happen, in the US and now owns the horse that was abandoned at his farm. But that's the US... <br /> <br />Poor pony, forgotten...geez who could forget their horse? Not me, and if I couldn't afford him/her I wouldn't just leave...I'd find a good home, even if I had to sell super cheap. <br /> <br />Hope it all turns out for this horse.

[Marty_Jones]

At my last barn it was three months no payment and the horse belonged to the barn.

[Piaffing]

As to the inkeepers law your boyfriend does. The horse is reposesed for nonpayment of boarding fees.

[Eileen]

I agree with the prev posts, the BO now owns the horse but I would see a lawyer to get the paper work done just incase X comes back for her *baby* that way there is no question or lawsuits in the future...<IMG src="smileys/smiley2.gif" border="0">

[Dee22]

Ditto Eileen;
I've heard of the 'inkeepers law' before but I know that in my boarding contract it states right in there that if I don't pay board for 'x' months that they legally own the horse.... so I'm not sure if it would have to be put in a contract and signed by the owner in order for the 'inkeepers law' to be in effect?

I would contact a lawyer and see what they have to say, just to be of the safe side. You never know when people like that will pop up and want to cause trouble <IMG src="smileys/smiley5.gif" border="0">. Maybe she'll show up again and demand her horse back, than what if your BF has sold him... she could cause him a lot of trouble and money in law suits... I'd talk to a lawyer just to get everything straight. Has he tried contacting her to come pick up the horse?

[Ruth]

&nbsp;&nbsp;&nbsp;&nbsp;It is my understanding that once the board has not been paid for a certain amount of time the business owner takes ownership of the horse, but it has to be put up for sale at auction and public notice has to be given of the auction. The business owner keeps the monies owed, but I'm not sure what happens to the rest of the money. I have actually seen such a notice in the Horse Trader. <br />&nbsp;&nbsp;&nbsp;&nbsp;My best friend used to work for a Morgan breeder in Ohio and someone left an Arab stallion there. The horse was worth six figures and she ended up with ownership of him. She used him for breeding NSH's, and the last I heard was in the process of trying to get his papers so that she could use him for Arabs as well.<edited><editID>Ruth</editID><editDate>38385.5351157407</editDate></edited>

[Patricia]

I agree with Ruth....The horse must be advertised at public Auction and once sold the Barn Owner re-coups money owing based on the Innkeeper's Act.

[fusspot]

Did the boyfriend have a written board agreement with his ex? Did she pay regular board or was he keeping the horse as a favour? If he has a board agreement with her, it will make things a lot easier. If not, I'd definitely&nbsp;seek the advice of a lawyer.

[babytigger]

hmm..poor horse. <br /> <br />i'd definately seek some legal advice, as i suppose it all depends on a contract or not, etc.

[Ruth]

&nbsp;&nbsp;&nbsp;&nbsp;A contract between a barn owner and a boarder probably wouldn't hold up to a fierce lawyer anyway. I don't take written contracts terribly seriously unless they're notarized, but it is nice to have terms laid out in print, that saves misunderstandings. Realistically that's probably all they do.

[Dee22]

[QUOTE=Ruth]&nbsp;&nbsp;&nbsp;&nbsp;It is my understanding that once the board has not been paid for a certain amount of time the business owner takes ownership of the horse, but it has to be put up for sale at auction and public notice has to be given of the auction. The business owner keeps the monies owed, but I'm not sure what happens to the rest of the money. I have actually seen such a notice in the Horse Trader.&nbsp;
&nbsp;.[/QUOTE]
Hmm, I don't think that they have to sell the horse do they? There was a guy at my barn that didn't pay board for months, they couldn't get in touch with him and he didn't return messages. My barn kept the ponies and they're now in the school. Are you sure you *have* to sell?

[AQHAgirl]

Not too sure but I've heard of when people get divorced if things are left behind for over a certain amount of time and the person their left with want to get rid of them he/she must publicly announce that thier keeping or sellin them in something like the local paper.

[Ruth]

Dee22: I'm not a lawyer and I've never had to do this, but yes, by the letter of the law,I think that they are supposed to sell them. Probably for your BO it's more convenient and useful for them to keep the ponies (likely better for the ponies too) and as long as no-one challenges the ownership there shouldn't be a problem. The reason I know about this law is because I used to work for someone who thought they might have to use it, but because happily in the end it wasn't necessary I'm a little fuzzy on the details.

[Keetee]

I think the person who has been left with the horse can file a lien against the horse owner. Then I think they can take them to small claims court (up to $10k I think). Unfortunately I think abandoned horses/people not paying board is fairly common. Some legal advice is definitely a good idea, the humane society or other such animal rights groups may provide free legal advice.

[lola s]

They do have to `sell' the horse.&nbsp; Which means that the price of the horse equals the board arrears.&nbsp; Any amount over and above that goes to the original owner of the horse. Now, most cases advertise a public auction at the farm and nobody shows up.&nbsp; Its a formality.&nbsp; BUT, if the horse was really worth something, then the original owner has a right to get his value and to bid on him herself. The barn owner can bid for the horse too.

[Piaffing]

I think you can get around not selling the horse. Talk to Danny Barkey who runs the auction at Toad Hall in Clairmont. He will be able to help you.

[sugar]

If this is in Ontario and your boyfriend was with her for more than 1 year, 1/2 the horse is his anyway.&nbsp; Did they have a prenupt to ther relationship?
I would suggest you look at things from this angle as well.&nbsp; In leaving the horse&nbsp; in his custody she may have inadvertantly "given" it to your boyfriend.&nbsp;
Other factors to consider...Did your boyfriend purchase it for her during the relationship?&nbsp; Did&nbsp;they acquire it with some of his money?&nbsp;
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&nbsp;<edited><editID>sugar</editID><editDate>38386.3153356481</editDate></edited>