Help! Unexpected foal ownership and liability

[pud]

Hello all from snowy Scottish Highlands,

In need of good advice - hope somone out there can help

I went to the yard a couple of weeks ago to discover my 2 yr old gelding on DIY livery had accidentally covered a 2yr old filly belonging to another DIY'er, and his filly had had a foal!!

Both my colt and the filly were born close together and, once weaned, shared a paddock for 6 months (aged approx 6-12 months) . I had my colt castrated at 1yr, but he had accidentally covered the filly beforehand. Now I need some advice!

1. Who legally owns the new foal?
2. Am I liable as owner of the colt for any incured or on-going costs associated with the foal? (i.e. vets bills, vaccinations, stabling costs etc?)
3. Is the stable owner liable for any costs through negligence in letting them share a paddock?
4. Might stable owners have insurance for this kind of 'accident'?
5 Anything else I might have missed!

Any advice, insight, guidance or people who know of this happening before and the outcome very gratefully appreciated!

Best Wishes,

Pat

 

[ILuvCowparsely]

I am confuzzled - you say its a gelding cant see how it can be fertile unless one testis not dropped or it happens in the first 2 weeks after castration. . ? .


i would say it belongs to the mares owner

 

[bonny]

As far as I know, the filly's owner is responsible for all costs and also owns the foal, pesumably they knew their filly was turned out with a colt and so I don't see how the colt's owner or the yard owner can be blamed in any way.
How is the foal doing ?

 

[jrp204]

I read it as he is now a gelding but covered the filly before he was gelded,sneaky little devil!

 

[bonny]

I am confuzzled - you say its a gelding then say its a colt. which is it?

Was a colt, now gelded, that's how I read it.

 

[twiggy2]

legally I am not sure BUT have never heard of anyone questioning the foal belonging to the owner of the mare, the mare grew the foal and the owner cared/paid for the mare whilst that happened,

as owners of colts and fillies you should all have been aware if the risks, it is not negligence if both owners knew they were sharing-it would have been neglegent if it had been done through lack of thought or care.

the owner of the mare needs to get on and look after both her horses now and it is nothing to do with you unless you BOTH want it to be.

like I say legally I don't know but this is how I think it would be.

 

[Meowy Catkin]

I am confuzzled - you say its a gelding then say its a colt. which is it?

I think he was a colt when the filly was covered, but is now a gelding. Cut at 1 year of age - so he covered the filly when he was under 12 months old.

 

[ILuvCowparsely]

yes i see it now realized after i sent it.

 

[pud]

Thanks to everyone for your comments, really appreciate the feedback.

 

[HBM1]

I'd say the filly's owner knowingly had her in a field with a colt, so the liability is theirs and theirs alone.

 

[Spring Feather]

I would imagine if it were taken to court, the filly's owner would be found to own the foal, unless they didn't want it and then there might be cause for the colt owner to claim the foal. I would also add that whoever claims the ownership of this foal is responsible for all vet fees. livery costs etc

 

[Bedlam]

I wonder, in fact, whether you could charge a stud fee.......?

Only joking of course, I agree with everyone that the foal and all costs are the responsibility of the filly's owner.

 

[Roasted Chestnuts]

So the fill was covered and conceived under two years of age? The mare/filly owner would be the legal owner of the foal I would say.