Owners abandon horse at livery yard... where does yard owner stand legally???

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ami_jt

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The owner of my livery yard has been having trouble with these people for months. They haven't set foot on the yard since March, owe 8weeks' livery, have arranged for farrier, dentist etc to see horse but not turned up with money so left my friend footing the bill. The horse is also in poor condition so is being cared for by my friend and I at our own expense. They have now changed their number and moved house so my friend no longer has a way of contacting them. She can't sell the horse because she has no passport, can't issue a claim against the owners because she doesn't have their address, it's just turned into a bit of a nightmare!

I've heard you can apply for a passport but is there a specific legnth of time you have to wait? And where does she stand if they turn up demanding the horse back?

So many grey areas!! Any advice/a point in the right direction would be gratefully recieved!
 
Tell her to google Torts Interference of Goods Act 1977. That will explain how she should serve a legal notice on the owner advising them that they must collect the horse and pay her what they owe her OR she will sell the horse, deduct what she is owed and hold the balance of any sale money on trust for them (ie she has to hand over the balance of any money).
 
She can't serve anything on them, she doesn't know where they are, has no way of getting in contact with them. They've just abandonded him! Won't be able to sell him at the mo, he's very under weight, tight in his back and won't accept a saddle, just had extensive dentistry work done so his mouth is sore, he's not in good shape. If somebody did buy him he wouldn't make what my friend is owed in livery and other bills...

Is there any way we can obtain legal ownership of him if we can't get in touch with the "owenrs"?
 
I have seen a few posts like this recently and it is likely to get worse. The YO needs to put provision about this in a new contract for all liveries, and act very quickly if people don't pay.

Definitely need legal advice as to when and if the horse can be sold to recoup losses.
 
ami_jt said:
She can't serve anything on them, she doesn't know where they are, has no way of getting in contact with them. They've just abandonded him! Won't be able to sell him at the mo, he's very under weight, tight in his back and won't accept a saddle, just had extensive dentistry work done so his mouth is sore, he's not in good shape. If somebody did buy him he wouldn't make what my friend is owed in livery and other bills...

Is there any way we can obtain legal ownership of him if we can't get in touch with the "owenrs"?
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Your solicitor can put something in the local papers serving notice.............not sure how many days they have to respond, also solicitors have ways of tracking people!!
 
from what i understand off my friend when she had a problem with someone "leaving" there horses on her land. you don't have to serve it to them but pin it to the place the horse is kept i.e the field gate or stable door, they have 14 days to collect before you can legal sell the horses for its worth and deduct costs and the rest can be held in case the owner comes back to claim the horse. But i would get on to the CAB to confirm any advice. The last thing your friend would need would be criminal proceedings against them for not doing it in the correct manner
 
Why don't people take accountability for their actions anymore?

I would serve her an abandonment notice - get a solicitor to write letter going term of thirty day collection of horse and all fees outstanding then after, if they ain't coughed up send horse to auction. A good solicitor will charge about sixty quid for letter.

Or find out where they have moved to - take horse and plonk in garden - they might offer to give up the horse for a nominal fee when it's stood in the front garden.

Poor thing!
 
Ha, last comment made me smile!

He's only six, a lovely ID x TB with big paces and very well put together. Lots of potential there but in poor condition at the mo. I think between us we'll get him right then sell him, he can't even be ridden at the mo so probably wouldn't even recoup what is owed to my friend.

Thanks for all your advice, and suggestions!
 
Have just had exactly this happen to me. Contact RSPCA, they won't do a great deal but if they can trace owner they ask owner to sign papers stating horse doesn't belong to them. Then the RSPCA will take horse and pts, however if horse is healthy and fit, yard owner can tell RSPCA they're willing to take responsibilty of horse then it's theirs to keep or sell.
 
We have this at our place....person who rents a field on the same plot of land as us. They come up once in a blue moon, horses never have water we and other liveries have to keep an eye on it, apparently last winter the horses had no rugs and no hay, other liveries bought extra hay and gave it to them out of pity (we were'nt here then didnt come til march) and the horses hooves are in a terrible state. Apparently they owe thousands in rent...but land owner won't do a thing about it. its so frustrating. why the hell don't they just sell the horses they have no intention of looking after them!! The pony they have is lovely and i would take it on for my daughter when she is a little older but they won't let them go.
 
this sort of situation is really becoming more and more common! I think we will be seeing many more posts like this untill we have sorted out our economy
 
shadowboy said:
this sort of situation is really becoming more and more common! I think we will be seeing many more posts like this untill we have sorted out our economy
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I don't know about the UK, but in Canada, if I am not paid livery fees within just TWO weeks, and I have not had a response from the owner I can legally apply the Innkeepers Lien. It is a pain in the neck, but I have done it before (after 5 months - I think I was pretty patient)

Poorlypony said

[Tell her to google Torts Interference of Goods Act 1977. That will explain how she should serve a legal notice on the owner advising them that they must collect the horse and pay her what they owe her OR she will sell the horse, deduct what she is owed and hold the balance of any sale money on trust for them (ie she has to hand over the balance of any money). ] I imagine that is similar.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90i07_e.htm

[Lien on horses and carriages

3. (1) The keeper of a livery stable or a boarding stable has a lien on every horse or other animal boarded at or carriage left in the livery stable or boarding stable for reasonable charges for boarding and caring for the horse, animal or carriage. R.S.O. 1990, c. I.7, s. 3 (1).

Lien on horses, etc., and power to sell

(2) An innkeeper, livery-stable keeper or boarding-stable keeper who has a lien upon a horse, other animal or carriage for the value or price of any food or accommodation supplied, or for care or labour bestowed thereon, has, in addition to all other remedies provided by law, the right, in case the same remains unpaid for two weeks, to sell by public auction the horse, animal or carriage on giving two weeks notice of the intended sale by advertisement in a newspaper published in the municipality in which the inn, livery stable or boarding stable is situate or, in case there is no newspaper published in the municipality, in a newspaper published nearest to the inn, livery stable or boarding stable. R.S.O. 1990, c. I.7, s. 3 (2).

Advertisement of intended sale

(3) The advertisement shall state the name, if known, of the person or persons who brought the horse, animal or carriage to the inn, livery stable or boarding stable, the amount of the indebtedness, and the name of the auctioneer, and shall give a description of the horse, animal or carriage. R.S.O. 1990, c. I.7, s. 3 (3).

Proceeds of sale, application

(4) The innkeeper, livery-stable keeper or boarding-stable keeper may apply the proceeds of the sale in payment of the amount due, and the costs of the advertisement and sale, and shall pay over the surplus, if any, to the person entitled thereto on application being made therefor. R.S.O. 1990, c. I.7, s. 3 (4).
 
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Pah, my old YO had one shot within a week and told us all he'd rehomed it with a nice family as a happy hacker.

He confiscated a horse of a livery that wasn't caring for it (she left it in the stable with no bedding, not even dirty, no hay and not water for days on end) he sold it to someone else for £1 to settle the bill of the girl that owned him, even when her dad turned up to get the horse back YO hid it.

He also sold another pony on that although owner had moved yards she was still paying for it's livery and paying someone to look after it. YO sold that one and then got caught out and denied he'd done anything wrong...



...needless to say I've moved yards...
 
LadyRascasse said:
from what i understand off my friend when she had a problem with someone "leaving" there horses on her land. you don't have to serve it to them but pin it to the place the horse is kept i.e the field gate or stable door
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This

One was abandoned at our yard, 16yr old ex BSJA was left in stable without food water etc. Then left in field alone cold and hungry by someone who lived on a boat and upped and left.

As its an equine college they had to be even more careful that it was all done legally

I believe they were advised by BHS to do the above

Horse is now owned by one of the other liveries who was kind enough to take it on as a pet.
 
The best way to contact the owners is probably via their bank, (that's assuming that they have paid you by cheque or direct debit in the past).
Get a solicitor to write a letter and send it c/o the bank.
At least if you get no response then I think you are able to prove that you have done everything within your power to contact them. Good Luck
 
My old boy was an abandoned livery!

He was left in a field for a long time and they decided to use him in the riding school and he then got purchased by a riding school customer and then me. They couldnt find the owners at all! vanished

It was before passports so it probably wasnt such an issue as I got his first passport(for what ever they are really worth....sometimes wonder really)!

The RSPCA I have always found brilliant so am sure they will advise or any of the rescue centres
 
LadyRascasse said:
from what i understand off my friend when she had a problem with someone "leaving" there horses on her land. you don't have to serve it to them but pin it to the place the horse is kept i.e the field gate or stable door, they have 14 days to collect before you can legal sell the horses for its worth and deduct costs and the rest can be held in case the owner comes back to claim the horse. But i would get on to the CAB to confirm any advice. The last thing your friend would need would be criminal proceedings against them for not doing it in the correct manner
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I think this may be right, but it may depend on how the contract is put together. To be honest, if you can't afford a solicitor, is there a big professional really well run livery yard anyway near you. I would suggest ringing a few and seeing if any of the YOwners or Managers could tell you, they would all have been through this hoop before!
 
Hi sorry didn't notice they don't know where they live. Anyway, doesn't really matter as law states 'last known address' (not pinned to stable door). BTW I am a solicitor.
 
Poorlypony said:
Hi sorry didn't notice they don't know where they live. Anyway, doesn't really matter as law states 'last known address' (not pinned to stable door). BTW I am a solicitor.
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OH blimey I wonder how my yard did it then, as owners lived on a boat and just up and sailed away :eek: I know they put notices around the yard and on stable door, but not sure where else
 
Well they'd only have discovered it was ineffectively served notice if the owners came back and mounted a legal challenge to their right to rely on the notice and sell the horse. The type of people who abandon their horses are unlikely to do that but no harm in YO ensuring they are legally in the right :-)
 
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