# Can I claim legal ownership of this horse?



## Speed Racer

Your best bet is to consult with an attorney knowledgeable in equine law.

I'm willing to bet this guy abandoned the horse, but for your own peace of mind you'll need to know what to do about obtaining this animal legally. It may be as simple as providing proof that you've been taking care of the horse, but an equine law attorney will know best.


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## maura

What Speed said ^^^^.

There's also something called a mechanic's lein, which allows you to take possession of property left in your care when the owner of the property owes you money. Named because it originally was written for mechanics, giving them a lein against a car title when they were owed money for repairs. 

However, I'm not sure if you can file one with the court in the absence of an actual board contract. 

You could try calling the clerk of the court in your county and ask about the requirements for filing a mechanic's lein to start off with; but I suspect you will need to talk to an attorney to get clear title to the horse. 

He looks great in your photos, good job. BTW, it's great that you have those photos as documentation of the care you've provided - that will help your case.


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## Peppy Barrel Racing

Thanks I worked hard to get him to look that way. I did everything I could to fatten him up quick I'm sure being that skinny made winter a little colder. I was so scared when I wormed him for the first time. I was afraid he might die. I wormed him lightly then 2 weeks later real hard. After worming he fattened right up and his coat became healthy again. He is such a sweet boy. I can't believe they would allow that horse to get in that condition.


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## sierrams1123

call your local law enforcement and see what the deputy says they may just make a report about it so that if in the future the owner trys to take the horse or sell the horse you will have a say or what not


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## Alwaysbehind

Though I think police are great they will most likely not know the ins and outs of a stableman's lien so calling law enforcement will not help you much.

The rules regarding a stableman's lien vary from state to state. Find an equine lawyer like SR and Maura suggested and make sure they are know about the laws in your state.


Curious, who has been paying for the hoof care and vet care the horse receives?


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## mls

My bet is there is no contract.

In a he said/she said situation, the judge will side with the party that has the burden of proof. Do you have all of your receipts, etc to prove you have been providing for the horse?


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## sierrams1123

Being as I work for law enforcement I know that deputies will point you in the right direction.


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## Alwaysbehind

I would say that you and your co-workers are the exception, not the norm.


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## sierrams1123

It is most likely going to be seen as a civil matter so you will probably end up talking with magistrate court, so if for some reason you are not able to speak with an officer then call magistrate.


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## Alwaysbehind

Sierrams, your use of the word magistrate makes me believe you are not from the US. That might be why we have differing opinions on how to deal with this.

The OP is from Oklahoma. Calling the police or the court system will not really do her any good unless she happens to get in touch with someone who works there that also owns a boarding barn.


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## iridehorses

Alwaysbehind said:


> Sierrams, your use of the word magistrate makes me believe you are not from the US.


Not necessarily true. In SC we use Magistrates in place of Judges for civil matters up to $7,500.

In this case, as in others I've seen, you need to get a lien against the owner then you can either sell the horse or take ownership legally.


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## Alwaysbehind

iridehorses said:


> In this case, as in others I've seen, you need to get a lien against the owner then you can either sell the horse or take ownership legally.


See, that is where knowing the state specific rules comes in. Some states do not allow you to take ownership. The horse has to be sold at a public sale.


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## Peppy Barrel Racing

Ok and I have kept my feed receipts and I can also show proof through my bank statements. Unfortunately the contract is verbal but I have text messages conversations about what to pay and what i expect. Besides even if I didn't have alot of receipts the proof of care is in the photos. I have been feeding and taking on the full burden of his care, like farrier service and medical needs, since september of last year.


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## gigem88

You could try and talk to your county livestock agent.


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## Dresden

On the subject of proof, do you have actual evidence such as a time stamp as to when the photos were taken? Photos actually don't prove much if you don't have proof that the first one wasn't the last taken...if that makes sense...
_Posted via Mobile Device_


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## ShutUpJoe

This is honestly what I would do. I would contact the previous owner of the horse. I would tell him that if he signs over ownership to you you will forgive him for the money that he owes. I would calculate how much he owes you. Including all care and boarding cost. You said $40 per month and he paid you $100. But he was responsible for grain. Plus you've probably paid for farrier, worming and other things??? So that's probably more than $800 that he owes you. Show him the calculations you came up with. Tell him he's got 30 days to pay you the money or sign over ownership. I doubt he can come up with the money since you said that he is having financial difficulties. So he'll more than likely just sign the horse over to you and it will legally be yours. Otherwise you MIGHT have to sell this guy at auction, like someone else said, which means you'll have to run him through the sale and bid on him and you'll be out some cash. Talking to a lawyer might help. Because after so many days of abandoning your property with someone the property is no longer yours. But I'm not sure if that applies to animals. I know you can take him to court and more than likely they will reward the animal to you.


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## Peppy Barrel Racing

Thanks for the advice everyone I really appreciate it. I considered the trying to get ahold of the guy but he hasn't answered my calls or texts so I dunno. I'm thinking he thinks he is just leaving him to me in his head. I dunno I looked at equine lawyers on the Internet today. The pictures aren't time stamped but it's obvious that he has a winter coat and a summer coat. I think I can get dates from my text messages aswell.
_Posted via Mobile Device_


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## Alwaysbehind

http://asci.uvm.edu/equine/law/srv_lien/ok_srv.htm


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## Celeste

I would think about running an ad in the local paper stating that your board is $10 per day or some other fee. If he tries to collect the horse, have a copy of this ad as well as dates as to when you took possession of the horse. 

The most likely scenario is that you won't hear any more from the guy at all. He is probably just glad to get rid of the responsibility.


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## Ebzeenah

I would think if you put all these details and your intent to take legal ownership of the horse in a registered/certified letter, it would help your chances greatly. And yes, the laws can differ not only from state to state, but from county to county.


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## mysticalhorse

I live in the sticks in Creek County & it is the sheriff that you are supposed to call on animal matters. Good luck & I hope he doesnt come bothering you again.
_Posted via Mobile Device_


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## ponyboy

Alwaysbehind said:


> http://asci.uvm.edu/equine/law/srv_lien/ok_srv.htm


If I'm reading the legalese right you have to file for a trial. If you win you have to sell the horse; if you lose or the defendant doesn't show up you have to pay costs (that last doesn't seem fair).

I know you tried contacting the owner, but did you tell him you want ownership of the horse? Maybe he's not answering because he thinks you want money.


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## Peppy Barrel Racing

I asked for ownership still hadn't answered back. The ex wife got in touch with me and asked if she could make payments on what is owed. So I told her she could get the horse off my property is she pays him off she's basically repurchasing the horse I doubt he's worth what's owed but she says she wants him.
_Posted via Mobile Device_


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## Darrin

Try calling a couple local stables, they can probably point you in the right direction of what to do.


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## KANSAS_TWISTER

I was put in the same boat last year when a so called friend wanted to board at our farm, the first month he paid half of his board, the next he barley paid any thing and nothing the next month, in the agreement he had to buy his own feed and and a quater of the hay, he stopped comming around in july of last year, i talked to the local sheriff (who is also my husbands boss) who told us that we should send a registerd letter to his last known address and put a add in the news papper indicaiting that we we're taking the horse on back board, after 3 postings in the weekly news paper, he also owed us for vet bill but we have since worked out a plan with his grand father who will be letting us cut one of his hay fields next summer and giving us 3/4's of it


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## Peppy Barrel Racing

By chance I ran into the guys ex wife who told me she would like the horse. She is paying off his debt. I have a written contract with her so I think I can finally get rid of this extra horse and he can be reunited with the little girl who loves him. As long as they pay for him and take care of him I'm fine with that.
_Posted via Mobile Device_


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## Alwaysbehind

So glad things worked out.


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## churumbeque

Peppy Barrel Racing said:


> By chance I ran into the guys ex wife who told me she would like the horse. She is paying off his debt. I have a written contract with her so I think I can finally get rid of this extra horse and he can be reunited with the little girl who loves him. As long as they pay for him and take care of him I'm fine with that.
> _Posted via Mobile Device_


I would have a hard time giving it back to them when it looked like it did.
I also would have called animal control when it was in poor condition.
Sounds like the ex can't afford to feed it either.


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## Peppy Barrel Racing

I can't afford him for much longer myself. And if I try too take it from them a legal battle will start and I don't want to go through that I have importants thing like college and work I need to focus on adding a legal battle would be too much right now.
_Posted via Mobile Device_


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## Alwaysbehind

I think you are doing the right thing.

He is not your responsibility to maintain. 
You have been doing right by him that does not make him your financial or emotional burden.

I think we all agree that sending something we have cared for into an unknown fate is not easy. But that does not mean the OP should put her other animals and herself at risk for a horse that is not hers that she has already gone above and beyond for.


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## apachiedragon

churumbeque said:


> I would have a hard time giving it back to them when it looked like it did.
> I also would have called animal control when it was in poor condition.
> Sounds like the ex can't afford to feed it either.


Where did you get that from? I assume that since she is an EX, that they are not living together and the horse won't be going back to the person who couldn't feed it in the first place. I think it sounds like a much better solution to the problem that dragging everything into court. The ex was never mentioned in the OP, or having anything to do with the horse not being cared for, unless I missed it.


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## Peppy Barrel Racing

apachiedragon said:


> Where did you get that from? I assume that since she is an EX, that they are not living together and the horse won't be going back to the person who couldn't feed it in the first place. I think it sounds like a much better solution to the problem that dragging everything into court. The ex was never mentioned in the OP, or having anything to do with the horse not being cared for, unless I missed it.


They ex gave the horse to the guy to care for since at the time she didn't have any land and couldn't afford to care for him since she was dealing with the divorce and finding a place to live and she has 3 kids aswell to take care of. She gave the horse to the guy we'll will call Mr. R who said he would care for it but he kept the horse tied up and he didn't feed him and so he came to me to help him and I accepted cause he was my neighbors son. So anyways I ended up in the situation that I explained. The ex did not know that the horse had ended up in that horrid condition she says till later. Mr. R did not tell the ex where there horse was she thought I had stolen him for awhile. ( I moved him to a larger pasture with better grass to fatten him more quickly, winter is pretty cold without any fat). Anyways she happend to find me by chance the other day and asked to work something out so she could reclaim the horse. She has a place to keep him trust me I lectured this lady up and down about this horses condition and what I would do if I found out he was getting skinny again after I let her take him. Anyways we worked out a deal that she will pay off his bills at a fee which I set for her. She has already started paying on him and though I am nervous about her taking him especially since I spent so much time and money on him I think this is the best solution that will not start a huge legal battle.


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## Saddlebag

You don't owe this lady anything. Once the horse is off your property that is likely the last you will get any money. In Ontario, the Innkeepers Act protects people who board horses. The moment the board is due there is an automatic lien on the horse. There are a few rules to be abided by but it keeps the courts out of it. I found it through our dept of Ag.


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## Peppy Barrel Racing

I care for this horse I've had him for a almost a year but winters coming before you know it and he's an extra mouth to feed and he's not even my horse. The ex wife is paying off the lein against him. I think this is best for everyone in this case. As for the money I have a signed contract saying she cannot take the horse till he is paid on full so I'll get my money but if she stops for some reason I think I'll go head and give him to a loving home.
_Posted via Mobile Device_


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