What are my rights to my horse, if any?

[heydudes26]

about 6 months ago my mom received an email that a family was looking for a gentle horse. my mom thought my horse who I've had for the past 20 years would be perfect, except I never wanted to re-home him. Long story short, I met the family and agreed for my horse to live with them as long as I could see him anytime since I shared a bond with him. They wanted me to sign a contract stating that he was changing hands and that I could have him back if they could no longer take care of him. I never had them put that they said I could visit anytime because I trusted them. Now they are saying I can no longer visit, unless I give them his registration papers. I don't see why they need them? He is old and they are not going to show him. They just want to register him in their daughters name, but I'm not comfortable handing the papers over when they won't let me see the horse I've loved for so many years. I have sought advice and was told I would need a court order to get my horse back but before I even attempt to do that, do I have any rights at all since I signed that contract? There was no money exchanged if that matters.

 

[Booboos]

What does 'changed hands' mean? Does the contract state the horse was sold to this family or loaned to thrm? if he was sold I don't think you have any rights. If he was loaned turn up with a lorry and take him back.

When you say you have sought advice was this from a lawyer? If yes then you have your answers.

 

[ILuvCowparsely]

about 6 months ago my mom received an email that a family was looking for a gentle horse. my mom thought my horse who I've had for the past 20 years would be perfect, except I never wanted to re-home him. Long story short, I met the family and agreed for my horse to live with them as long as I could see him anytime since I shared a bond with him. They wanted me to sign a contract stating that he was changing hands and that I could have him back if they could no longer take care of him. I never had them put that they said I could visit anytime because I trusted them. Now they are saying I can no longer visit, unless I give them his registration papers. I don't see why they need them? He is old and they are not going to show him. They just want to register him in their daughters name, but I'm not comfortable handing the papers over when they won't let me see the horse I've loved for so many years. I have sought advice and was told I would need a court order to get my horse back but before I even attempt to do that, do I have any rights at all since I signed that contract? There was no money exchanged if that matters.

How long was the loan for?
was there a contract? stating he was on permanent loan?

IMO
if i was in this situation I would NOT hand the papers over, lords knows would could happen after. My guess is they would sell him or vanish like so many others.

If needs be I would go to court. Small claims is not that big a deal. no need for solicitors unless you want one. If you win they have to pay all the court cost and your solicitor as well. I have threatened court to two liveries who refused to pay. They did once threatened. You can pick up a small claims court package at any court building and read through your rights.

I would write to them and say you will not be handing over the paperwork, and put in he is still your horse and you have a right to see him. if they stop you , you reserve the right to take it further. post a copy and drop one off by hand so they cannot say they did not receive it.


Then if no reply go further with no com and then they will have a court day posted to them


These people to me are trying it on and I would not put it past them now with this stopping you seeing your horse. They might go AWOL

 

[Dry Rot]

I think if a written conract is to be varied, it has to also be in writing.

On the other hand, for there to be a contract, there has to be "consideration" which is why most gifts of this sort will in fact be a sale for a nominal amount, say £1.

I am not a lawyer but, if you haven't done so already, I think you ought to consult one. I see a vague glimmer of hope for you but I am not knowledgeable enough to be able to tell you what that is! It may be that the implied promise to look after the horse is enough to make it a legally binding contract.

It will be interesting to hear what the legal beagles on here think.

Edited to say that if by "papers", they mean "passport",that has to accompany the horse by law and is not, anyway, proof of ownership.

 

[Wot_u_c]

I've no legal training, but there's something in my mind about if money doesn't change hands, then the agreement can be terminated, and the possession returned to its owner. If money changes hands then it becomes a sale, and irreversible without the joint agreement of both parties. It could be an old wive's tale though.

 

[lachlanandmarcus]

Strictly I think it is only land that absolutely always has to have ' consideration' (money changing hands even if only 1p) for a transfer or sale to be valid.

However the lack of any monetary element would help to suggest that the horse wasn't being sold.

You need proper legal advice if you want to pursue this.