# Can I forcefully take ownership of a horse?



## 280241 (Jul 31, 2019)

We have been boarding at a self care facility for awhile (all open pastures), and there we met a very sweet horse. This horse was skin and bones, rarely had water, takes several weeks for the owners to get a farrier out, and he'd go without hay for weeks. His owners are terrified of him, and thus are never out there to take care of him. It's a wonder if they respond to our texts the same day. Since we've been out there we've been feeding him, filling his water, and have had to make the owner of the facility tell the owners to get hay and feet trims. Thankfully, we have been keeping track of the money we've spent taking care of him, and the gas mileage when we've had to run out there to save him from heat stroke. He's an older horse, that they never spray down in the summer. The facility owner had seen him acting weird and called us because the horse's owners didn't answer.

In short, if we were to round up the expenses to be worth as much as they bought him for, could we forcefully take ownership of him? We love this horse, and he's been neglected to the point that he's been on the boarder of death several times. We don't want to open a lawsuit if we can avoid it, or get an officer involved because he's gotten some weight back on him since we've started feeding him so they won't see a reason to seize him. What can we do?


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## Yogiwick (Sep 30, 2013)

So if I'm right you just happen to board your horse at the same place? Do you even have permission from the owners to be caring for him?

If you were the barn owner he could be seized for breach of contract/lack of payment. It sounds like you have no involvement in this situation aside from what you've *taken upon yourself* to do. You can't decide you'll do something for someone else's horse with or without permission then use that to try and seize the animal! I can't imagine there is anything you could do legally, especially without a lawsuit (which I expect you would lose). Also, the horse is a possession, if you did win a lawsuit they could just pay you back and keep the horse.

That said, it sounds like they don't really want the horse. Why not approach the owners directly and see if they will rehome him to you. They might want a hopefully reasonable (small) fee or maybe they will be happy to have him in good hands. It won't hurt to try and do things the old fashioned way .

Btw, it's not normal for a horse to have heat stroke repeatedly. I've *meant* to hose mine down on several brutal days and it hasn't happened. They're fine.


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## SilverMaple (Jun 24, 2017)

- are the owners of the horse paying their board bill? If so, there's nothing to be done unless you approach the owners and see if they will sell him to you.

- if they are not paying the bill, legally the barn owner can take possession of the horse and resell the animal in an attempt to procure lost funds. How long and what the protocol is on this varies from state to state, so contacting a lawyer would be needed, but again-- this is the barn owner's responsibility, not yours.

- you are opening yourself and the barn up to a lawsuit caring for someone else's horse without their written permission. Your barn owner should NOT be allowing you to care for someone else's horse--- he/she should be doing that, not another client.

- the horse's owners have the best of everything--- you are caring for their horse so they don't have to! And your barn owner is either clueless or taking advantage of you, too. 

- horses do not get heat stroke easily or repeatedly. Perhaps this horse is being cared for, just not to YOUR standard of care? In which place, you need to step back and butt out. 

- as a client of a facility, it is not your place to be telling the barn owner what to do. Period.

I know your heart is in the right place, but you could be causing more issues than you are solving. If the horse is not being cared for and supplied with food, shelter, and water then it is the BARN OWNER'S fault-- the owner of the property is ultimately responsible for the care of the animals on that property, whether they are being paid for it or not. So no, you cannot seize a horse you've been taking care of just because you have decided to take it upon yourself to do so.


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## Acadianartist (Apr 21, 2015)

Um, no. You can't take someone's horse. You do not have the authority to do that no matter how badly the horse is treated. You also have no reason to expect to get reimbursed for driving out there to look after the horse. 

The barn owner has recourse, but you do not. If the horse is suffering abuse or neglect, you should call appropriate authorities or let the barn owner deal with it. I can't just stop on the side of the road and feed an animal repeatedly then expect that he'll be mine. 

I would suggest you stop getting involved and tell the BO that he needs to do something about the situation, call the authorities who will determine whether or not the horse is actually being mistreated, or if you insist on wanting to help this horse, do it out of the goodness of your heart, not out of an expectation that anyone owes you anything.


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## txgirl (Jul 9, 2010)

I don't care who owns the horse, I would definitely take it upon myself to feed and water it if the owners wouldn't! I couldn't board my horse and watch another horse starve. I would discuss this with the barn owner and go from there or approach the owner and see it they will work something out where they pay you a fee to take care of the horse's basic needs. In my opinion, it seems like the owners know someone else is taking care of their horse and are ok with taking advantage of you.


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## PoptartShop (Jul 25, 2010)

No, you can't just take their horse...if you want to speak to the owners, you can, that's up to you, but it could cause some issues. 
Otherwise, not really your problem. See what the barn owner will do. I wouldn't continue to involve yourself in this...it can get ugly. Since the horse is on the BO's property, they are the ones who are responsible ultimately to handle this...not you. 

What you are doing for the horse (water, feed, etc.) is very nice & I am sure it's hard NOT to do those things...I don't understand why the barn owner isn't doing those things...but taking ownership is another story, you can't just take their horse...

I know it can be heartbreaking, but overall there is not much you can do about this. The BO needs to step in. Sorry you are dealing with this. :sad:


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## AtokaGhosthorse (Oct 17, 2016)

I'm hearing Rocket Racoon from Guardians of the Galaxy here:


Rocket: But... what if I want it more than the other guy does?


John C. Reilly: Noooo... that's stealing...


No. Sadly you can't take the horse. YOU CAN report the owners to the police and/or sheriff. IF they take possession of the horse, you can then offer to purchase it from them. This of course will vary state by state depending on the law.


I also don't know what your state law is on this, but you might look into filing a small claims law suit against the owner to recoup your money expended on this horse and possibly have the horse awarded to you as settlement in lieu of cash, but you need to talk to an attorney in your area about that. 



Am I missing it? Have you asked the barn owner what's up with that horse? I know they called you that time the owner wouldn't answer, but do they not know anything more about what's up with the horse?


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## Celeste (Jul 3, 2011)

Why not offer the owners some small amount of money for the horse. They will probably sell him to you cheap.


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## horselovinguy (Oct 1, 2013)

Welcome to the Forum!!

Think we are all sounding like a broken record...
You have a hornets nest on your hands in my opinion.
You could try just making contact with the horses owner and offering to adopt the animal, or buy it...yes, spend more money to gain ownership. Actually, I would offer and get a receipt for even if $1.00 from the people who are said owners of the animal so it is legal and binding.

Now, where I see a potential problem is you did _*not*_ involve the authorities, just did...
As bad a condition as the animal is/was, you had _*no*_ right as the animal_ is_ private property and my fear is you and your kind hearts could actually now be in legal trouble.
The property owner had some rights and in many locales is the one held accountable by authorities for a animal in this condition actually.
So, B/O {barn owner} could of called and turned in the horses owners to law enforcement, animal control as this is a self-care facility blah, blah, blah...
As it is now...any case that could of been made for seizure is now_ not_ going to happen because you took upon and did in the interest of the animals well-being...
Sadly, it takes a long time to build a case and as soon as food, water are provided _{regardless of who provided}_ it halts a investigation that may have been underway. That is a private matter and not told to anyone it is happening..even authorities do not tell each other when working a seizure case of neglect pending it is that hush-hush.
_Please, I am *not* attacking you_, but it may have stopped and now extend a bad situation further.
There is nothing you can do but approach and ask for the animal, _offer to buy it _and if the owner says no...then it is no. 
As for getting your money back..._no one but you chose to spend the money._
_Forget it!!
_You have no grounds to sue the people...no grounds.
You in fact jeopardized the horses health by feeding it food you have no idea if the horse had a health condition that prevents specific foods from being ingested is how the laws could see this...
You _could _be sued, and the horses owners win for doing without permission to their animal.
As for your barn owner...he has put you in a delicate spot with not a leg to stand on and he walks away scot-free with no bills for food, no lawsuit in his direction and if the agencies were going to seize now they can't.
Win-win for B/O and horses owner and a big uh-oh for you...
:runninghorse2:...


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## gottatrot (Jan 9, 2011)

Since no one asked you to spend money to help someone else's horse, you can't use the fact that you did to coerce the owners. 
However, since you kept track of what you've spent, you could use it as a kind of incentive to get the owners to sign the horse's ownership over to you.

If you'd left the horse looking neglected and underweight, you could have used that as leverage. Meaning, you could have told the owners that in the shape the horse was in, you could call the authorities and they could face heavy fines. Or if they preferred, they could sign ownership of the horse over to you and they could avoid fines plus the horse would be taken care of. Win/win.

Now you don't have that leverage. Still, what you've spent could be incentive for the owners. When I rescued a horse that was brought in supposedly for training, I told her owner that I had spent $1,000 on food, board, medicine and vet bills just in the first month. I explained to her that in order to get and keep the horse healthy she would need to spend around $200 a month, plus expect other expenses throughout the year. The horse also needed training, tack, and more. She did not want to spend that kind of money, so signed the horse over to me. 

Friends of mine convinced a petting farm to sign over two mini horses that were being neglected by also outlining the costs for hoof care, dental care, worming, shots, feed, and other necessities. Sometimes people get horses and don't understand that it will cost them quite a bit of money to keep the horses healthy. Often even if they like the horse, they will give it away if they realize how much it could cost them to take care of it.


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## trailhorserider (Oct 13, 2009)

Celeste said:


> Why not offer the owners some small amount of money for the horse. They will probably sell him to you cheap.


That's what I would try to do. Have a heart-to-heart with the owner and tell them you have really bonded with the horse. Hopefully things will go your way. I certainly think the odds are better than being confrontational!  But if not, then I would step back. But if you keep things on a pleasant note, even if they turn you down at first, they will keep you in mind if they do decide to give up the horse. 

Actually, I had a horse I had no intention of ever giving up but a neighbor had been admiring him for years. Wanting to buy him for years. When I finally decided to give him up, I had no reason to even call anyone else. I knew right where he would have a home. So it doesn't hurt to let the owner know you are interested.

I've gotten a couple of horses that way as well. :Angel:


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## Dreamcatcher Arabians (Nov 14, 2010)

First, your barn owner had no business involving you in this horse's care. If the owner's don't answer, then it's up to the BQ to decide what course to follow. I have a clause in my board contracts that states I am authorized to spend up to $XXX in the event the horse becomes ill and I can't reach the owners. I would never call another boarder in something that was none of their business. What you've done, while well intended, has done all the things HorseLovingGuy said as far as legal liability, but you've also done what is considered an unforgivable sin in many barns, you've started drama and it has the potential to really get the BO in hot water. Be glad they haven't evicted you and your horse. I'm sorry if that sounds harsh. 

So, the short answer is, NO you can't just seize the horse.


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## jaydee (May 10, 2012)

You need to get your local animal welfare involved and take a step back. Let them deal with it
If you take care of the horse it’s no longer neglected, it’s a Catch 22 situation.
You could approach the owners and discuss a nominal sale, if the horse is old and in poor health it’s not actually worth anything.
It sounds as if the BO has involved you so if anything negative is said about you taking care of the horse, they have to take a big share of the blame.


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## 280241 (Jul 31, 2019)

I'm not sure if anyone will see this but I'm going to clear some things up.

He suffers from heat exhaustion- not exactly heat stroke. Heat stroke was a one time thing and we notified the owners about it as soon as we were able to leave him alone and after about an hour they got out there.

The owners are aware that we have been caring for him, but still want to keep him. Another boarder tried to get them to lease him to the polo club out here, but they refused.

We contacted animal welfare, they were not of much help. I wish they could do more, but they said they couldn't and could only provide us with a form for them to sign to give us ownership. We'd just have to get them to sign it which is easier said than done.

It's not so much because we want him. He is a sweet horse, but we also would like to send him to the polo club where we know he would be taken care of. I appreciate the comments, and probably should have been more specific when posting. We've tried our best to stay legal in all of this.


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## Dreamcatcher Arabians (Nov 14, 2010)

Axoprism said:


> I'm not sure if anyone will see this but I'm going to clear some things up.
> 
> He suffers from heat exhaustion- not exactly heat stroke. Heat stroke was a one time thing and we notified the owners about it as soon as we were able to leave him alone and after about an hour they got out there.
> 
> ...


Until and unless they decide they don't want him, there's no more you can do. You need to walk away and let things sort themselves.


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## jaydee (May 10, 2012)

Sadly, I have to agree with the above^
If you continue to care for him he won't be considered 'neglected' in the eyes of the law.
Unfortunately the animal has to be seen to be suffering before anyone will intervene and remove it


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## Acadianartist (Apr 21, 2015)

And if you do continue to look after this horse, do it because you care, don't do it because you think it will give you any kind of legal title to the horse or because you think they will have to pay you back for your expenses. I do understand that you care for the horse, but legally, you have no rights here.


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## ACinATX (Sep 12, 2018)

So it sounds like animal control isn't willing to get involved, but maybe this horse's owner doesn't know that. Reading through some of the responses reminds me of something that happened in our new neighborhood. Basically someone bought a house and barn, and the seller of this house left a mini on the property. The new owner thought this mini was worth a lot of money, so he kept him to sell him. The mini wasn't actually worth much of anything. And this guy had no idea how to take care of a horse. Eventually the lady across the street told him she was going to call animal control on him unless he just gave her the mini. And he did. So maybe threatening that could be useful.

But, as someone else pointed out, that's creating barn drama so I don't know if you want to go there.

I do understand that your heart is in the right place. Who can sit by and just watch an animal suffer because its owners aren't willing to step up?


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