# My rights?



## caligirl70 (Jul 13, 2011)

Long story short - I purchased a horse and the bill of sale is in my name. I couldn't afford board at the time as we already had one horse at the barn and agreed to let barn owners use this second horse for lessons and trail rides in exchange. They are now under the impression it's their horse. We are getting set to leave that barn with both horses. If there is nothing in writing except my bill of sale is it still my horse?


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## Speed Racer (Oct 21, 2009)

The bill of sale in your name should be good enough to prove that the horse is yours.

Why would they assume the horse is theirs, just because you were letting them use it in lessons in exchange for board?


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## caligirl70 (Jul 13, 2011)

He's turned out to be a great horse for lessons and they have used him in trail rides. They have other horses and none of them are gentle enough for them to ride. Problem is that the level of care has gone down and they are no longer reliable. We have shown up too many times to very little water, not being fed as agreed, and turnout schedule is so far out of whack. Paying for a stall and she is never in - even supplied a fan for each of them. Sad story. We got lucky and found a place that we can afford for both of them and trust the new people will care for them and not just see $$$$


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## Alwaysbehind (Jul 10, 2009)

You had nothing in writing with them regarding your use in exchange for board contract?

Who has been paying the farrier and vet bills for the horse?

Have you communicated with the barn owner that you are taking Dobbin and it caused a problem or are you assuming they will have an issue?


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## caligirl70 (Jul 13, 2011)

They offered me nothing to sign at all. They paid for his farrier, no shoes just trim. I haven't said anything yet as we just found a place. I just have a feeling they are going to cause a problem - there has been a lot of other "drama" lately and they are not the same people they were when we moved in


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## riccil0ve (Mar 28, 2009)

If there was no contract for "you don't have to pay board if you let us use your horse," I would assume they can say you never paid board and put a lien on your horse. Legally speaking, with no proof otherwise, it's possible.
_Posted via Mobile Device_


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## Alwaysbehind (Jul 10, 2009)

riccil0ve said:


> If there was no contract for "you don't have to pay board if you let us use your horse," I would assume they can say you never paid board and put a lien on your horse. Legally speaking, with no proof otherwise, it's possible.
> _Posted via Mobile Device_


That is exactly what I was thinking.


For future reference... A contract serves both sides. If they do not offer a contract then you write one out on a piece of toilet paper with the dry erase marker from the white board.



This might be a situation where it makes sense to remove your horses, then hand over notice with your final month board payment (including board for the horse that they used since they will not be using the horse so you do owe board on it).


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## caligirl70 (Jul 13, 2011)

So if we moved during the month and before the next month board was due - leave a check for the board for the portion of the month that we are gone? I'm sorry for all the questions - just kicking myself for not doing something in writing. It will break my daughter's heart as she has ridden this horse for 5+ years and is very attached.


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## riccil0ve (Mar 28, 2009)

I would make sure to go about things calmly and professionally. Tell them that you have greatly appreciated their service and everything they had done for you, here is your 30 day notice and board payment. Good luck.


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## JustDressageIt (Oct 4, 2007)

As Ricci pointed out, they may issue a lein (my phone autocorrected to Leinster - how odd) for board due. If nothing was put in writing that you do not owe board as the horse is working it off, you may not have much of a leg to stand on; they have proof you didn't pay board. 
As Ricci said, approach it 100% professionally and normally.
_Posted via Mobile Device_


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## Alwaysbehind (Jul 10, 2009)

It is proper procedure to give 30 days notice when you leave a barn.

It is not uncommon, when leaving one barn and going to another to pay board at two places for one month.

If you can in good conscious say that this horse is yours then pack this horse and your other horse onto the trailer. While the trailer leaves hand the barn owner your 30 days notice with a check for board for both horses for that 30 days.

Notice usually starts on the day your board is due. If your board is due on the first of the month then you give notice the first of the month (or shortly before) for the next month.


ETA - What JDI said above (while I was typing).


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## rlcarnes (Jul 12, 2011)

riccil0ve said:


> If there was no contract for "you don't have to pay board if you let us use your horse," I would assume they can say you never paid board and put a lien on your horse. Legally speaking, with no proof otherwise, it's possible.
> _Posted via Mobile Device_


True but did you sign a boarding contract specific to that horse? If it is not documented it didn't happen.


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## Alwaysbehind (Jul 10, 2009)

rlcarnes said:


> True but did you sign a boarding contract specific to that horse? If it is not documented it didn't happen.


Hu?

What did not happen?

The horse has lived there and has been fed and cared for.

What are you saying did not happen?


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## anndankev (Aug 9, 2010)

Alwaysbehind said:


> It is proper procedure to give 30 days notice when you leave a barn.
> 
> It is not uncommon, when leaving one barn and going to another to pay board at two places for one month.
> 
> ...


I agree completely with this, first examine your conscience as to if he really is still your horse, then get him out before or as you give notice. And pay for the full following month.


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## rlcarnes (Jul 12, 2011)

Alwaysbehind said:


> Hu?
> 
> What did not happen?
> 
> ...


What I meant was that if there was no written contract for that horse and documentation that that horse used so much $ in feed, farrier, it isn't legally binding and the original boarders will have rights to the horse.

Note** When it comes to anything about anything dealing with money and legal stuff get it in writing!!!!! That way there is no dispute as to what is what and what was paid was actually paid.


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## Alwaysbehind (Jul 10, 2009)

I am guessing the barn owner has a leg to stand on because the OP has another horse boarded there so it can be assumed that the OP has an understanding of how horse boarding works.


I do agree, a good contract helps everyone.


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## anndankev (Aug 9, 2010)

I wonder if the OP or daughter have been taking lessons, then if they have been getting the discount usually given to boarders or people that use their own horses when riding same horse in a lesson? Most places I know also allow an amount off if one's horse is used/ridden in a lesson by another student, but of course here the deal apparently was for the entire board so that would not apply. In my limited experience though it has been the horse owner, not the barn owner who is responsible for vetting and farrier...


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## Allison Finch (Oct 21, 2009)

If they threaten to file a lien for non payment of board, I would estimate the number of times they used your horse for lessons/trail rides and write up a bill for his use. It can work both ways and I suspect there are plenty of "students" who would vouch for having ridden him.


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## RATHER BE RIDING (Dec 7, 2010)

Subscribing, as I would really like to see how this ends.


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## aspin231 (Mar 20, 2010)

Subbing.


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## WhoaNow (Jan 18, 2011)

Interested in hearing how this situation ended also ?? :think:


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## RATHER BE RIDING (Dec 7, 2010)

Caligirl - How did this all turn out?


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## PaintHorseMares (Apr 19, 2008)

Allison Finch said:


> If they threaten to file a lien for non payment of board, I would estimate the number of times they used your horse for lessons/trail rides and write up a bill for his use. It can work both ways and I suspect there are plenty of "students" who would vouch for having ridden him.


Exactly.


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