# need ownership...how do I get it?



## farley (May 23, 2010)

So Ill start at the beginning so you know the details. A man died, all that was left was his sons old stud, a hand full of brood mares, a yearling, and a 17 month old filly. When his son heard the news he came home from Wyoming to care for the place. When he got to California he became aware that his father had last the property and only had 4 months to pack up and get out. Thats where I came in, I was hired to help with the horses. The fillies hadnt been touched so I started halter training, and I put about 60 days into the 17 month old. At the end of the four months the house and barn were cleaned out, and all that was left was the recently gelded stud, one mare and the babies. 
He decided to take the older horses, leaving the yearling with the new property owners and boarding the 17 month with me. He said " if you want her I'll sell her to you for 1500, if not you have two options sell her and get sellers profit, or hold her and Ill come back for her." 
Well in this market selling a just started filly with "ok" bloodlines for 2500 is no easy task. 
But telling him that was hard going, it was pretty much phone tag. A conversation through voice mails. We would go two to three months with out talking. But he was realizing that I was having trouble selling her. (just to add... his soon to be ex wife would come over every now and then... an I mean Ive only seen her maybe 5 times in the past year and a half, she would just come to see her.O should I say peek over the fence to ensure she was still on the property.)
Anyway before the man died he said that he was going to have to again postpone his trip to Cali, and that he too realized that he wasnt going to sell her for his asking price, and asked if I wanted her, I said of course I have had the filly for thirteen months, she was apart of my family. So in the short he was giving her to me.
However there was no paperwork because of his early death. So I assumed that, that was the end of that. I was wrong, the soon to be ex wife called me to "touch basis". Next thing I know she is on my property telling me she will cover the expenses that her husband hadnt and that she would be picking her up at the end of the week.. then loaded up My hay leaving me with two bales. :evil:
Two months later she calls saying that she had a couple of bales for me but that she couldnt pay the 1000+ dollar bill yet. I responded by telling her that I had purchase four ton a month and half ago, and remind her that 300 was now added to her bill. Then she told me to stop raising the bill, said dont have the farrier out, or the vet I cant afford it. I told her that I if the filly needed it she was gonna get it no matter the cost. 
That was about three months ago, I have no phone number, no address and have a padlock on my gate. 
I understand that technically she belongs to her because there was no exchange of paperwork. But if she wants her she needs to pay up. 
I am also scared that if she does pay up, and something happens to the horse she wont be able to afford it. Where I can. 

I want this horse! What should I do???


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## usandpets (Jan 1, 2011)

Talk to a lawyer. I believe that if you have had no contact in three months, the filly can be assumed as abandoned. Also, I think you can file a lien against the horse for unpaid services and money due as the horse is considered her property. But if the horse is considered abandoned, she would then become yours.


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## Speed Racer (Oct 21, 2009)

I'm having a little bit of trouble following your story.

To whom did the horses belong? The man that died, or his son? Who was the ex-wife married to, the older man or his son?

Why did you let her take your hay? How did that even come into the equation?

Why don't you have any contact information? If this person called you, wouldn't you have her number on Caller ID?

Do you have ANY written contracts concerning the care of this filly? If not, you could be in deep doo-doo, as you can't file a Stableman's Lien on the horse without having something to back up your story.

Your best bet is to contact an attorney familiar with equine law where you live. They'll be able to give you advice based on laws in your area.


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## crimsonsky (Feb 18, 2011)

lots of questions to answer here before anyone could even attempt to send you in the right direction. i second what speed racer has said already - find an attorney in your area familiar with equine law and go from there. good luck!


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## farley (May 23, 2010)

The horses belonged to the son and the son was married to the soon to be ex wife. 
the hay thing is just one of the reasons why I want the horse. she took it, and if I hadnt bought hay the horse would have gone at least two months with out food.
I have called the number she gave me about a hundred times the last call was sometime around the end of dec... the number had been canceled. 
And no I have written documentation


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## crimsonsky (Feb 18, 2011)

i'm sorry but i still don't understand the hay part... it's YOUR hay but she came to YOUR property and took YOUR hay. that just doesn't equal out to me.


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## Joe4d (Sep 1, 2011)

when guy said you had two choices, you should have answered, you have two choices, give me the horse or come get him, I will be charging you 20 dollars a day to care for him until you make up your mind. Stop being a door mat.


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## farley (May 23, 2010)

well once he realized he wasnt going to sell her, he was coming to get her, but couldnt get out here to Cali. So he gave her to me, but before he wrote out the paperwork he died. 

her husband was buying the hay before he died, I am sure she thought that it was hay he purchased, and I know it sounds odd, but it was an odd morning, everything happened very quickly. The point of that is shes negligent, and didn't offer, make effort to replace the hay til two months later.


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## sammerson (Jan 13, 2012)

I think we are missing the point. The question that she really wants to know is how to obtain ownership of the filly. I wouldn't even worry about the hay thing anymore, that's one of those things that just happened and not much can be done about it now.

However, if she owes you money, then yes, I'm pretty sure you can hold the horse by putting a lien on it until the debt is paid. I also would check into the abandonment thing. i know there is a law regarding that but not sure what the length of time is. I would check into that first.

Long story short, I think you are going to have to "lawyer up" regardless of what the proper route is. Sounds to me like she doesn't actually want the horse. she just wants it out of spite.

Another suggestion, have you asked her if she would be willing to let you keep the filly in exchange for the amount she owes?


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## farley (May 23, 2010)

Thank you sammeson, 
and yea that was one of the things I was going to suggest to her. I just have no way of contacting her,and I dont know anything about her location, she may not even be in the same county for all I know. 
Should I contact the sheriff department, and ask them what I should do??


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## Golden Horse (Feb 20, 2010)

sammerson said:


> I think we are missing the point. The question that she really wants to know is how to obtain ownership of the filly.



But until we understand what has gone on here we can't even hope to help, it is confusing. 

Any advice you get here is worth exactly what you pay for it, a big fat zero. The only way you can resolve this is with proper legal advice I'm afraid, and very often that is very expensive.

Good luck anyway


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## farley (May 23, 2010)

well I am going to try the cheapest way first. 
Thanks everyone for your advice


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## sillyhorses (Sep 2, 2011)

Even without an actual "contract", most states have an "Agistment" law regarding boarded horses who are left without payment. Some laws vary to say that legal action must be taken, other ones say that after X number of days, and proper paper trail (as specified in the specific laws) and course of action, you can foreclose a lien for the amount due and owing for the horses care and keeping. Look into your state law and contact an attorney. Good luck!


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## franknbeans (Jun 7, 2007)

Am I right that now both father and son are dead? Leaving only the "wife"person?
I am really confused, but it may be the wine.......

I also think that there are laws which vary by jurisdiction, that deal with abandonment. If I were you I would be familiarizing myself with those, and making a hell of a paper trail.


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## Saddlebag (Jan 17, 2011)

Since you have been boarding the horse and no money, you may already own the horse by ownership being 9/10 of the law. The horse has been in your care for quite some time (understood ownership). Can the son prove the horse is his? Does he have a bill of sale? Not likely. I strongly recommend you have no further communication with this woman or the son or you will be the one who loses out. If there was no written contract between you and the son, bonus.


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## sillyhorses (Sep 2, 2011)

I really disagree with saddlebag. Please find out what your state's laws are. Possession being 9/10 of the law is bull in the event that these people take you to court. At the very least, I'd send a bill for all services rendered in the care of the horse to the last known address. In any case, do your research, starting with law regarding horse boarding in your state.
_Posted via Mobile Device_


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## Nitefeatherz (Jan 23, 2012)

If you were a boarding facility (or any of the veterinary facilities I have worked at) there is usually a legal "abandonment" process that you can follow. Where I live if you send them a certified letter saying you will consider the animal abandoned if they do not respond within (I think it is 10?) days and they do not respond you have control of the animal. They would still be held liable for whatever fees/money they owe you to that point but you would be able to either keep the animal or find it a home (or shelter or whatever.) 

That said -that's the law where I live and I'm not a lawyer. In this case I would find an attorney that knows equine law- even to get a rough idea of how to proceed. It would probably help you quite a bit.


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## waresbear (Jun 18, 2011)

Well since no one has any documentation & possession is key here, it's your horse. Tell her to get lost, her old man gave you the horse. If she comes around your place, call the cops, it's trespassing. Let her get a lawyer, & good luck with that, cost her more than the horse is worth.


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## waresbear (Jun 18, 2011)

By the way, that is exactly how I acquired a horse. Someone brought their horse to me for training, 2 actually. They wanted 3 months on one, 2 on the other. They paid their training bill, I hauled one horse back to them. The other one, they never called me for 6 months, number was disconnected. They called after the winter, I told them to pay the board bill, they didn't, so I kept the horse until he died, 20 years later.


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## farley (May 23, 2010)

Thank you everyone for your advice I appreciate all of it. 
I apologize for the unorganized and confusing story, I should have taken more time and made it more understandable :-( 
I am not sure what I will do, but this is all helpful.


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