# UK people - if horse picked up neglected, rights of ownership?



## Santa (Jul 22, 2010)

Think RSPCA or police could prosecute under the Highways Act 1980 for straying onto the highway, or the Protection Against Cruel Tethering Act 1988 (horse had a plastic bag around its neck -had it been tethered ?)
I have a rescue horse that was saved at the point of death from starvation and neglect simply because he and his companions wandered out onto the road and the RSPCA were able to take them and rehome, the owner was later prosecuted and imprisoned.
I do feel that sometimes with certain members of the horse community, police and animal welfare run scared of the owners. However, if you had kept the horse, the owners may have come to your yard and been quite intimidating. Regarding the law of ownership, isn't it still true that possession is 9/10ths of the law and the owner would have to go to court to prove ownership ?
That aside, well done for coming to the aid of the horse and going to all that trouble. Our police are not very interested in horse problems unless they're galloping down the motorway.


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## speedy da fish (May 7, 2009)

Hmm... its hard to explain but if you had left him there and the RSPCA had picked him up, then yes, you would probably would have been able to give him a home but because you took ('stole') him, they didnt allow it. Technically you did steal him (as the law goes) but I think anyone would have done the same thing.


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## jimmy (Aug 26, 2009)

i,m sorry but you just can,t keep anybodies horse,sometimes as part of the breaking process i tether horses close to main roads to get them used to traffic,and sometimes people do let them loose how ever i do leave my tel number with local police


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## Count Jackula (Aug 28, 2009)

speedy da fish said:


> Hmm... its hard to explain but if you had left him there and the RSPCA had picked him up, then yes, you would probably would have been able to give him a home but because you took ('stole') him, they didnt allow it. Technically you did steal him (as the law goes) but I think anyone would have done the same thing.


:shock: You can't keep other people's property full stop, whether it is a car, a bicycle, a dog or a horse. Even rescues and the RSPCA can't just keep and then rehome other people's animals, they have to be signed over to them or it is still theft. The law is quite specific, even as part of cruelty cases/prosecutions when animals are seized they have to legally be signed over or considered abandoned by the previous owners after a certain time period.


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## Lottii (Jul 10, 2010)

jimmy said:


> i,m sorry but you just can,t keep anybodies horse,sometimes as part of the breaking process i tether horses close to main roads to get them used to traffic,and sometimes people do let them loose how ever i do leave my tel number with local police


I was not so worried about the fact this horse was loose, more the condition it was in! 

Thanks everyone. I figured it would be "stealing" but just wanted to check.


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