Horses with uncontactable owner.

jesterfaerie

jesterfaerie

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If a horse owner does not turn up to see their horse for several months where does the land owner stand? The land owners do not wish to kick the owner off as the ponies are great with the kids and they feel that if they kick her off they will just be abandoned again.

She stabled the horses when the land was under a different ownership and was kicked off due to her not turning up.
I used to ride out with her daughter when they did come to the horses and they were always uncontactable.

A few months ago the horses got out onto the roads and they were unable to be contacted then.

I am interested in loaning one of her horses with a veiw to buy as she has mentioned to the yard owner she is planning on selling him and I was going to ask her is she would consdier loaning him out.
The land owners are not horsey at all.
He mentioned that they could pratically be classed as the owners as the owner is not interested and said I may aswell go ahead and ride the horse in question. (I won't do it as they are not the owners and cannot give me the permission).

But could they technicaly have any way in owning the horse because of the owners behaviour?
As I said it is because I want to loan him but I may not be able to get in touch with the owner at all, as the land owners have been trying to contact her for several months and have been unsucessful. She has done this before (doesn't turn up for a few months, is totaly commited for a few weeks, doesn't turn up etc).

So just wondering.
 
I'll be watching this post as we have a woman like that on our yard. She'd have happily left her horse to rot in his stable a long time ago if other owners hadn't have started looking after him. The RSPCA cant do anything until this new law comes in, but then i'll probably report the owner until something is done.
I dont see the point in sending money for livery, but never bothering to even VISIT your horse, let alone do anything with it!
confused.gif
Such a waste! x
 
I can never understand how people do that. My horses cost me too much money for me to not go and do something with them!!
 
If the perso with the horses is not paying the land owner for the keep of the horses then it is his right to either evict the horses fro the land and give the owner a final warning or he can take ownership of one of the horses as payment, and there for you would be able to loan it from the land owner. other than that i would seek the advice from the free legal help line that the BHS offer just to see where you and the land owner stand, im sure the land owner would thank you for it.

hope this helps.
 
The horses in question are a little shetland and a native (I think Highland) neither are worth much in value but would it be up to the land owner which horse they take owenership over or would it be the one which is worth the least?

Thanks you, it does help I will pass on the phone number as they are unsure where they stand and are not at all horsey so would have less of an idea when it came to legalities (sp?) in regards to equine related issues.
 
the horse that was closest to the amount that was due for livery should be taken, but you MUST show that every effort was made to contact the owners and that they where given as much worning as poss, having it on paper helps and having as many people backing you by saying that they wanted rid anyways.
 
Phonecalls have been made on several occasions, I have left a letter in the horses stable (when the weather was horrible and they were inside on an evening) and she did not recieve the letter and her phone is continuously off or does not answer.
So surley the phone calls can be shown on paper?
It was in a convo where she mentioned it to the land owner so there is not enough evidence there.
 
If you leave messages on her phone and by her stable thats showing that you are trying to make cantact, do you know where she lives or works or where her kids go to school???
 
Legally the horses belong to their owner. The horses will always belong to their owner in this situation UNLESS the owner does not pay the livery bill. If they do not pay the livery bill for a certain amount of months OR if the livery bill exceeds the value of the horses (at auction prices) then a lien can be placed on the horses. Over here we are able to invoke the Inn Keepers Act and take possession of the horses. It's basically the same in England but it has a different name.

Whether they ever turn up to see their horses is totally irrelevant to ownership.

In the other posters situation where the horse is neglected; well this is slightly different however once again it is similar. If the horse is neglected and the livery yard owner has to care for the horse, she will then charge the owner for her services. The similarities are that once again, if the owner does not pay for these services then the YO can place a lien on the horses.
 
Well to someone buying and selling all the time they would have a good idea of how much the horses would raise at auction - significantly less than in the private market. If the YO is not sure how much then she would have to go to the local auction house and asks for their sales figures. Then she would have to find 3 or 4 similar horses to use as proof that the horses were the value she claims.
 
Well privatly I don't think either would be worth much one is an unbroken shetland unsure of her age and the other is a Highland probably 10yro or so, not competed in anything, around 14hh or so, gelding, has manner issues.
So if the go for less at an auction they would be going for less to nothing (although I could be very wrong).

I will let the yard owner know what you have said thanks.
 
You're welcome; however I would stress to her to double-check this as I left England in 2004 and as far as I am aware the law is still the same but she should check first.

Oh and it all has to go through lawyers to get the lien....so it isn't just a case of whipping the horses off to market.
 
I will tell them about it and see what they think about the situation but it is unfair on both the yard owners and the horses. That they are left been looked after to people who really do try their heart out and care for them but don't know much about general horse care and it is unfair to drop two horses on a family with young children.

But thank you I will speak to them about it
smile.gif
 
i had something similar (well sort of)
I took a 138cm ja on lease - see pic below
From wales - anyway tried to send the owner a cheque was returned in post (recorded)
tried to phone him and he never answered - then phone disconnected - sent him a letter
that was years ago - he never called to check on pony and i never heard a thing from anyone (family)
the pony is out on loan now - couldnt keep him as outgrown - but obviously couldnt sell him either as not mine

bazil.jpg
 
The legal way is to send by registered letter a warning that they now owe such and such amount and that they must pay by the date 28 days from the date on the letter.
Then if nothing happens you need a solicitor to write a tuit? special letter anyway to them saying the horses will be sold to cover the costs.
 
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