Free horse anyone??

dreamcometrue

dreamcometrue

Well-Known Member
Joined
13 November 2006
Messages
5,329
Location
Yorkshire
Visit site
IDxTB 12 years old, very dark bay. He isn't mine but needs a home urgently as his owner disappeared long ago. He needs a lot of reschooling by a knowledgeable person but he is lovely and moves beautifully.

Send me a message if you want to know more.
 
Is he for loan or will ownership pass to the new person? I'm just wondering if the owner has 'disappeared' are you authorised to 'give' him to someone else? I would hate to take on a horse and then have to return him because the owner has reappeared and says the horse was disposed of without authority?

Whereabouts are you?
 
Before you pass this horse on, please remember that you don't own him and therefore can't pass ownership on. The original owner remains the owner no matter how long he/she has disappeared for and could re-appear and require return at any time. Anyone who takes the horse on will not own him, no matter how long they have him. The most you could be said to be doing is loaning him out long term, but with the proviso that he could have to go back on short notice. I'm assuming efforts have been made to contact the owner?

I am in a similar situation myself; we have a mare that was on loan to someone else, they wanted it to go back and owner just cannot be found, so we've got her. Even the owner's family don't know where he is, or if they do, they're not saying! Fortunately, it's not a problem for me as the horse can stay here as long as it likes, but it is a real problem where owners disappear and the people left behind can't look after the horse or don't want to. More common than you'd think and no easy answer.
 
i thought a livery owner could claim ownership of the horse when livery fees are not paid- so surely if the owner has scarpered then they owe enough livery fees for the yard owner to claim the horse and technically own it.
 
[ QUOTE ]
i thought a livery owner could claim ownership of the horse when livery fees are not paid- so surely if the owner has scarpered then they owe enough livery fees for the yard owner to claim the horse and technically own it.

[/ QUOTE ]

Yup, that's the way it works!
 
[ QUOTE ]
How to ensure a horse ends up in the wrong hands...give it away for free as a 'difficult' horse. Bravo.

[/ QUOTE ]


she hasnt said anything about it being difficult.........
 
[ QUOTE ]
[ QUOTE ]
He needs a lot of reschooling by a knowledgeable person but he is lovely and moves beautifully.



[/ QUOTE ]

Translation..he's difficult.

[/ QUOTE ]

lol yeah your probably right
 
I would suggest contacting the ILPH if you need him to go urgently and don't need money for him. They will have the skills to work with him and can vet new homes to be sure he doesn't end up somewhere unsuitable
 
Nope, 'fraid not. The owner remains the owner until they either sell it or freely give it away as a gift. There is no way you can acquire legal ownership in the way you describe.

What you can do (and what you might be thinking of) is write a term into your livery contract whereby you can try and exercise something called a "lien" over the horse where debts aren't paid and eventually sell it to recoup those debts, but you are doing it by way of contractual lien and not because you own the horse. I should say it is not entirely as straightforward as it might sound, but is more technical than I can post here. If you are a livery yard owner who wanted to do this, suggest you take independent legal advice.
 
think your friend should take some legal advice before she sells or gives away this horse, like others have said he's not hers to sell and if the owner does suddenly turn up your friend will be in court on theft charges!!!!!
 
The YO or whoever doesn't have title to pass on. Cariad is absolutely correct - having been to court after buying a horse down the line from just such a situation it can't be given away willy nilly. I'd no idea when I bought her, but it took 2 years to sort out.

I'd advise legal advice pronto.
 
[ QUOTE ]
How to ensure a horse ends up in the wrong hands...give it away for free as a 'difficult' horse. Bravo.

[/ QUOTE ]
Totally agree. Cripes. Have seen exactly this happen before, not a happy ending.
 
Hi again. Yes I realise the legal side of things and that has been taken into account. That is why he is free as no money can be taken for him. The owner will never claim him!! He is in the situation you all describe but cannot stay where he is as the place is being sold but thankfully a home has been found for him where he will be sympathetically reschooled.

He is not a crazy horse at all but has just been left for ages and many attempts have been made to talk to the owner but she doesn't want to know (or pay livery costs).

Sorry I didn't repond earlier but I had lots of messages to reply to!
 
You must log in or register to reply here.
Top