# Free Lease Contract?



## mkmurphy81 (May 8, 2015)

Does anyone have advice on what to include in a free lease contract?

Here's the situation: I'm going to be "not buying" my cousin's 20ish year old mare. My cousin has outgrown her and doesn't have time for her anymore. However, the mare will be perfect for my kids who are still beginners. My cousin simply can't bear to actually sell her, but she trusts me to take care of her. The mare will be mine for all practical purposes for the rest of her life. 

A couple of things I know we need to consider...
What happens when she needs to be put down? My cousin lives in a different state and couldn't get here on short notice.
I may give riding lessons in the future. I don't want my cousin to be legally responsible for any accidents that may happen.

What else do we need to consider? Does anyone have a free lease contract I can use?


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## horselovinguy (Oct 1, 2013)

Can you do a "life" forever sale for $1.00 so the horse legally is yours but you can not sell her....
Word it so she has forever life ownership but not the responsibility anymore.

I was thinking something like a house sold/willed to family but with a clause that the owner has rights forever to live in the home.....
Somehow apply that though to livestock as the horse is legally considered and to absolve your family member of any legal repercussions of ownership, of decision making during time of crisis... :-?
:runninghorse2:....


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## mkmurphy81 (May 8, 2015)

I've never heard of a life forever sale for a horse. Do you have an example I could use?

I wonder if the best thing would to simply have a verbal agreement. Once I had paid the bills for a while, the law would consider the horse to be mine, thus releasing my cousin from liability, right? My cousin could still say she didn't sell her horse. I wouldn't ever sell the mare anyway. She's a good old horse who has earned her retirement. Once she can't carry my kids anymore, she can stand around in my pasture as long as she's happy.


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## horselovinguy (Oct 1, 2013)

mkmurphy81 said:


> I've never heard of a life forever sale for a horse. Do you have an example I could use?



I've never heard of one either, it was just an idea since I know houses and the ability to "own" and reside in it forever can change...

I don't know if something were to ever happen if not having $ change hands exonerates her or not...
Might be something to ask a agricultural specialty lawyer...
Legal liability on owner....
Seizure and forfeiture of ownership when $ stops for care...

:runninghorse2:....


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## AnitaAnne (Oct 31, 2010)

There are all kinds of lease templates online. You can just tweak them to your needs. 

The way I have worded it before was something along the lines of:

This contract is a legal and binding contract between X (leasee) and Y (leasor). The purpose of this contract is for the leasor to provide horse (name) described as (breed, color, age, etc) to the leasee for the amount of $1.00. 

The leasee agrees to provide shelter, feed and forage to the above named horse daily in an amount required to maintain the horse in a condition suitable to the horse's age. This condition should be between a score of 4-6 on a scale of 0-10 with 0 being severe malnourished and 10 being morbidly obese. 

The leasee will be responsible for all care associated with the above named horse. The leasee agrees to maintain horses hooves and coat in such a way that the horse remains free of infections and is able to walk without pain. Hooves shall be trimmed every 6-8 weeks or as needed to remain sound. The horse will receive vaccinations and a yearly health exam by a licensed veterinarian. 

The leasee may use said horse for riding or instruction and take horse off property for riding or showing as desired. Leasee agrees to be responsible for any liability issues arising from use of said horse. 

The horse shall remain the property of the leasor until the end of its natural life. If the horse becomes injured or incapacitated in such a way as a licensed veterinarian determines that the horses life should not be prolonged; the leasee must notify the leasor as soon as possible after diagnosis. The leasee shall not euthanize the horse without the written permission of the leasor unless in the case of an emergency. In the case of an emergency or natural unobserved death, the leasee shall notify the leasor of the horses demise within 24 hours.

The leasee and/or the leasor can end this contract after giving 30 day notice to the other party. 

Signed this day of____________


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## mkmurphy81 (May 8, 2015)

Thanks @AnitaAnne I had seen some templates online, but they all assumed the horse would be leased temporarily and only ridden by the lessee. None of them addressed my liability or end of life issues.


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## AnitaAnne (Oct 31, 2010)

mkmurphy81 said:


> Thanks @AnitaAnne I had seen some templates online, but they all assumed the horse would be leased temporarily and only ridden by the lessee. None of them addressed my liability or end of life issues.


Hope that helps. 

Please be aware I am not an attorney and am not giving legal advise. This is just similar to what I have used.


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## mkmurphy81 (May 8, 2015)

AnitaAnne said:


> Hope that helps.
> 
> Please be aware I am not an attorney and am not giving legal advise. This is just similar to what I have used.


Of course! The trouble is, I'm not an attorney either, and I've never done this before. I just don't want to pay an attorney more than this horse is worth.


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## AnitaAnne (Oct 31, 2010)

mkmurphy81 said:


> Of course! The trouble is, I'm not an attorney either, and I've never done this before. I just don't want to pay an attorney more than this horse is worth.


Might want to add something about both parties being unable to sell or give away the horse while the contract is in effect.

I just try to think of all the issues that could happen, then try to write something that is fair to both parties and outlines ways the contract can be ended.


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