Legal advice please!

Montyforever

Montyforever

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My friend reacently left her livery yard, with plans to move the 1 pony they had on livery there once the yard had the all clear (strangles) The yard has now had the all clear for a few weeks and they want to move the pony. My friend also half owned a horse with the livery yard owner, but YO refused to sell her half, so friend sold her half to the YO.

After it was agreed YO charged friend for set of shoes for the half owned pony. (Shoes where done after she had bought out the half).
And now has said they cant move the pony on livery until shoes are paid for!

What are my friends rights to move the pony and not give the money for the shoes to YO?

(She signed no contracts)

Ta in advance!
grin.gif
 
Does your friend have a signed dated receipt for the sale of her half share? If so and she can prove that the farrier attended after the date of sale then suspect YO will have to whistle for the money.

TBH for the cost of a set of shoes the YO would be silly to take legal action. On the other side of the coin is it worth your friends falling out with the YO about it, pay it and chalk it down to experience especially if they do not have a receipt confirming the sale date of their share of the pony.

Despite the pony being shod after the YO took full possession perhaps your friends could point that out and offer to pay half, which is what they would have had to pay if the pony remained in their shared ownership. That way may prevent any ill feeling and leave the door open to return to that yard in the future should the need arise, after all you never know what the future holds.
 
YO cannot hold onto property or horses that she /he does not own, regardless if outstanding debts, unless the contract has a general lien on property/horses. any debts she will have to chase through the small claims court. so if you own the pony then you can take it.
 
Can she prove when the money was handed over to pay for the horse? Was nothing signed to say she was no longer part owner of the horse?

The YO cannot stop the livery removing her horse from the yard.
 
As devilwoman says, tell your friend to just walk in and collect her pony. I'd be tempted to suggest to your pal that she tells the YO to take off 1 front shoe and 1 back shoe on the part owned pony and hand them back to the farrier since she never agreed to them in the first place!
 
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That way may prevent any ill feeling and leave the door open to return to that yard in the future should the need arise, after all you never know what the future holds.

[/ QUOTE ]

I cannot imagine any circumstance where if I were in this position, I would EVER go back to a yard where the YO behaves like this.

If your friend was paid by cheque she doesn't actually need a reciept. If the YO is the one disputing the facts it is up to her to prove the order of events. If I were your friend I would simply remove the pony (either go for a 'hack' and never go back, or take a burly audience) and let the YO do what she can (not much) about it,
 
As the others have said, YO most likely has no claim over the pony and your friend should just remove it. If she thinks there will be trouble inform the police before hand to warn them assistance may be required.
 
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