Is there a legal standing to lock a horse off a yard?

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BeFunky

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I was listening to a new livery today telling me her last yard owner wanted her gone and as such gave her 6 hours notice to move her young horse.

As she was unable to do it at such short notice, the yard owner then said they will put it outside the gates and lock up the yard. I didn't hear what happened next but as she is here I'm assuming it was sorted- however having never been in such an awful situation, what can you do, if anything?

Is there any legal standing if no yard contract has been done?

The girl is only late teens, how can people be so cruel.
 
This may be one of those situations which begs for a written contract which in most cases would set out what each party's rights are. A fair contract wouldn't allow a horse to be ejected without giving the owner a reasonable opportunity to find another home for the horse - unless there are exceptional circumstances which the contract would specify.

It's a "Goldwinism" that an oral contract isn't worth the paper it's written on. But that isn't necessarily true - it's just harder for the court to determine what was actually agreed. But a basic is that if you have paid your livery in advance (and that's a fairly standard requirement), you at least have the right to stay for the period for which you've paid. After that, it's a question of the facts - and there are always two sides to every story....
 
If there is no contract, it might be legally possible: however, I don't suppose she was paying hourly, so the six hours was a bluff, imo. What did she do to get that reaction? Very unprofessional, but then, they don' sound very professional in having no contract. I think I would have called the police, bhs welfare helpline and rspca in that order. Horrible experience all round.
 
Interesting, generally then the notice period is done depending on how you pay?

I pay a month in advance at my place (but then I also have a proper contract) but if not then its generally done via your payment schedule?

What if people were paying in arrears then?
 
Many many moons ago, when i bounced better than i do now and when I was on a yard back in Lancashire we paid each week we were there, imagine the issues that would cause?!
 
The treat is scary so hopefully enough to spur someone onto action.
The yard owner must have been pretty annoyed to threaten it!

Most people would actually do it and if they did i would question that person being so cruel. Its not the horse fault so why put the horse in that potentially dangerous situation.
 
maresmaid said:
Hmmmm! sometimes people only tell you what they want you to hear...might be a bit more to that story!
Click to expand...

I think i must have confused some of you- i only overheard parts of the story, like i said before i do not know the details unfortunately and my reason for posting was more an interest in the legalities around it.

Fortunately ive never been in such a situation myself.
 
A yard owner has a duty of care ,
If they where to do as they threatened they would be held liable for damage caused by the horse or to the horse.
The best run large yard I ever saw had a very small paddock at the start of the drive anyone not toeing the line was told as soon as notice was served the horse was in the corall with its stuff along side.
Don't think it was ever used but there was no messing on that yard.
 
how about locking a horse IN a yard??? When i advised my YO that I would be moving and giving them necessary notice they told me i had three days to move my horse. I moved the next day but then found out they were going to put another lock on the gate to stop me moving my horse until the day they specified. As livery was paid up etc they have no right to do that do they? As it happens, they didnt but I would have had the lock off if they had tried it!!!
 
This happened to a lady I know after her horse didn't fit in to the yards requirements. They tied the horse to the gate alongside a busy road along with all her gear and then she had to ride it miles to get to the new place in the semi darkness while the yard owner aparantly followed her to see where she was going. This was a number of years ago but it does happen. I suspect under the new animal act this would probably be illegal to do nowadays but I'm sure there are still many unscrupulous persons out there who wouldn't think twice about doing it anyway.
 
My old yard did it to someone who didn't fit in, and was told to leave within 24 hours; she couldn't find somewhere to put her horse in such a short time frame, and he was tied to the electric gates on a main road until she collected him ( a matter of half an hour or so):eek::eek:
 
If there isnt a contract in place then there probably isnt anything to stop them doing it.

However if someone deliberatley put a horse out onto a public area (i.e without its owner), or somewhere unsafe where it could cause an accident they could be liable for any accidents caused.
 
My old boss locked my friends horse in a field to stop her leaving the job so she worked her notice! Luckily she forgot about a little gate at the back of the field leading into a bridleway!
I don't think there is any law to protect the person, its not nice for the horse or owner though.
 
Long story but I once ended up on an awful yard as a temporary measure, thinking I could hack it for the 3wks I needed to be there. Yo was a nutjob, & in less than a week it came to a head. She threatened to tie my horse to the yard gates if not gone by that night. Tbh, don't have a clue on the legalities, I just issued worse threats as to what would happen to her person & property if she went within touching distance of either horse or property. Seemed to do the trick, but luckily yard I should have been on was able to make crisis arrangements for me & I went a few hours later, so not sure if she would have done so.
 
My liveries have a contract that says both I and they have to give a months notice... agree unprofessional yard not to have a contract (mine is a fair few pages long!)
 
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