Removing Horse's From My Land?

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worldfriend

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If i allow someone to keep there horse's on my land, then remove permission for there horse's to be on my land, and the owner refuses to move them what can i do?

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They are trespassing(I think it still counts for horses) as they are aware the horses are on your land but wont remove them. Unless you had a contract to say you would give a certain amount of notice before having them removed then I'm not sure you have to give any notice at all as long as you have already told the owner that you want them removed.
 
To be honest you can do very little. As a livery owner I have contracts that my liveries sign - but if they fail to pay I cannot sell their horse or get it off my land with out resorting to civil law. It is not criminal law - so I doubt whether the police will be in the slightest bit interested. I have to go to court to get an eviction notice or to small calims court to request any monies due. So I personally would check my household insurance /BHS insurance and then speak to their legal helpline. You cannot simply open the gates and let them loose as you are legally responsible for any damage they do and then that can be a criminal offence. THe RSPCA won't care less as they will only get involved if the horses are being severely neglected or abused. As to how much notice - it is irrelevant really as you can only force them through the courts - however I would suggest you put it in writing - give them as much notice as the payment period ie if they pay you monthly - give them a months notice, the court will insist they have been given notice in writing and if you can produce paperwork showing this has happened then it may enable you to take legal redress sooner.
 
Bosworth is right I'm afraid - this is a civil matter. Contrary to various notices posted on land, trespassers cannot be prosecuted. I'm afraid you'd need a lawyer.
 
my old yard years ago tied horses to the fence at end of property poor things dont do this why do you want them off? no payment? or just bad people ?
 
You need to instruct a solicitor that specialises in Equine matters to advise you as the course of action you can take.

This will include serving them with notice but this will depent on the contract you have with them?

Has the land got planning permission for change of use from Agricultural to Equestrian use as this will also effect the advice they give you?
 
How long have they been on your land? If they have been there for a full 52 weeks, they have legal rights and you have a problem. Hopefully they haven't been there that long, but you still need to seek legal advice.
 
Most of the stuff written here isn't true,

GRC bailiffs specialise in this field and would be able to remove the horses without any court orders or solicitors etc.
 
The police won't get involved it's civil law regarding trespass not criminal at all - the only way to enforce civil law is expensive court action paid for by you.

You could try posting an abandonment notice - look at redwings website for the wording and rules on this - good advice given there. It might provoke the owners to move them or if not you can legally claim ownership and sell them.

Otherwise it's very long complex expensive legal process or take matters into your own hands ie take them back to the owners address, plough up the field so no grazing, etc but it's a thin line to tread as you as land owner are their 'keeper' and responsible for their welfare - no matter how much you don't want to be.
 
Hmurray24 said:
Most of the stuff written here isn't true,

GRC bailiffs specialise in this field and would be able to remove the horses without any court orders or solicitors etc.
Click to expand...

Hi, and welcome to the forum. Your opening post is helpful but could be seen as an advertisement particularly as the thread is 5 years old :)
 
YOu need to treat is as abandoned and follow the procedure set out in this document

"Dealing with the abandonment of a horse or pony

Firstly the Animal Welfare Act 2006 confers a Duty of Care on all owners and keepers of animals and prosecution may be taken against an owner or keeper not meeting the needs of an animal.

............................


• Under the Animal Act 1971, if an animal is abandoned on your land, you are entitled to seize the animal, When you do this, you are advised that it is your duty to feed and care for it (keep the receipts), call a veterinary surgeon if necessary and also ensure that it is covered under your public liability insurance policy. Just in case!

• If you know the last address of the owner, then send a letter by Recorded Delivery asking her to come and remove the horse and pay the outstanding monies within 14 days. If the letter is returned as undelivered or after the 14 days are up, there is still no sign of the owner, you will need to put up an Abandonment Notice for a minimum of 14 days to notify passers-by that the equine has been abandoned. The notice will state that if the owner does not come forward, the animal may be legally re-homed or sold. To dispose of this animal in strict accordance with the law, it must be sold at public auction to get the best price.

• Find and Abandonment Notice. , BHS may well have a version. Fill in the details appropriately, protect the notice from the elements (eg. wrap it in a clear plastic bag) and display it prominently at the gate to the field or yard where the equine has been found. It is not necessary to keep the equine where it was found, or for it to be kept where you display the notice. It can also be useful to put up a card in local tack shops, supermarket and post office or put a notice in the local Free Ads.

• Keep copies of all notices that you put up and notes of where you put them and for how long. If the owner does not come forward after the horse has been re-homed, you will need to prove that you followed all procedures correctly and made a significant effort to find the owner of the horse. If you can do this, your actions will be protected by the law.

• If the owner does not come forward within the defined period, by law you are able to take legal responsibility for the equine. This allows you to sell, re-home, euthanase or keep the horse or pony. However, the difficulty with acquiring an equine in this way is the absence of their passport, which is a legal requirement and essential if you want to sell the animal or need to have it treated by a vet. Contact Defra for passport advice.


• If the owner does come forward after the animal is sold, you will be expected to hand over the money that you received at auction less any outstanding livery fees and other reasonable expenses that you have kept record of.


• Whatever course of action you decide to take, it is imperative to keep records of money spent or received, expenses incurred and actions taken (such as veterinary treatment, vaccinations, worming and so on) for several months afterwards. There will always be the remote possibility that the owner may come forward in the future wishing to reclaim the horse (if the horse has been stolen before it was abandoned, they may have spent months looking for their equine). Here the law becomes even more complex and if an agreement with the owner cannot be reached, you may need to take legal advice to resolve the situation satisfactorily. "

This was designed for animals who appear without warning but you can still treat the pony at yours as abandoned
 
Whatever you decide to do just please think of the animals, grab the owners by the hair (and i mean grab them) and demand your livery if unpaid, or call rspca or whw if horses are unfed and underweight. Try to resolve the issue verbally, have a witness, or give notice of 14 days by recorded delivery to remove animals for unpaid debt. I think they have to go through the sales ring so you can prove they were sold to repay a debt, someone correct me if i am wrong
 
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