Loan broodmare - advice needed

Law

Law

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This is not for me but I'm posting on behalf of my friend. Here is her question:

Does anyone have any experience of loan mares? I have got one (without a contract) do i have any rights should the owner take her back before the foal is born/weaned. This was never planned to be this way but communication between myself and owner is strained and the owner is hard to pin down and unlikely to sign anything, we had a verbal contract heard by others, does anyone have any advice etc?
I have the mares passport in my possession but not in my name, the owner would like it back to change their address as they have moved, what would anyone advise?

All thoughts gratefully received


She may not be able to come on and reply but I know she will be grateful for any advice
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Thanks
 
Basically, you HAVE a contract - albeit not written. I have two RID mares on loan and have a detailed contract for both of them (and good relationship with the owners who visit occasionally.)

But I DID have a mare given to me (without written contract) who the owner tried to get back. I told her to 'go jump' and EVENTUALLY it got to court (I won.) The court would not accept that you would spend a lot of money putting a mare in foal WITHOUT an expectation you would have the foal. A passport is not proof of ownership - so even if she gets it back from you it won't help her.

Ask the people who heard the agreement to write it down for you as a letter/statement just in case - and hang onto the mare until the foal is ready for weaning. Deal with the owner in writing - and keep copies. (And ensure the mare is 'secure' - the woman I had the disagreement with turned up in my absence and tried to remove the in-foal mare (and her weaned filly) two weeks before mare was due to foal. Luckily the filly didn't co-operate and staff got back from exercise in time to stop them disappearing!
 
I have to say that if I had a mare on loan and the relationship with the owner had broken down I would simply give it back, unless it is already in foal when it might be worth fighting for. If the owner wants the mare back I would expect them to reimburse for the costs of putting her in foal at the very least.
 
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