Lease issues...

Dressage-steps · 07-12-2006, 11:14 AM

We got a horse last Dec. on a free lease... we were supposed to talk to the former owners in March about whether we wanted to keep him, we haven't seen the owners since before March and we never actually discussed weather to keep him or not (he was going to be given to use free anyways). Now the horse was in bad shape when we got him, and the deal was we build him back up and they pay the vet bills and such. So I'm guessing, is he our horse now? What if we get him all nice and back to health after paying for the vet and such and they want to take him back can they? I don't know if he was registered because I never got a chance to talk to the owner about it, and is there supposed to be some proof of sale of change owner? Or only if he's registered?

My guess is that these people just dumped him on us, they won't pick up their phone or call us back... so I was just curious about this...

Jess! · 07-12-2006, 11:16 AM

I would think he is yours.

However, I don't think there is anything that will stop them from coming and picking him up saying,"Oh, we've decided not to give him away."

Can you go over to their house? I'd go with a "bill of sale" or rather "bill of giveaway" in this case and ask them to please sign it so you know the horse is yours.

Trace · 07-12-2006, 11:17 AM

I would start by recording all of the vets bills - the dates and times that you called and left messages.

They could come back at any time and try and take him from you - esoecially if he is in good shape now.

If you end up going to court you need to have all the documenation to put before the court to show that you made a good faith effort to contact them and that you ahve been providing for him anmd paying vets bills etc for all this time.

The judge could then make a judgement call as to whether he would be considered yours at this point.

Brina · 07-12-2006, 11:17 AM

My only suggestion is to be careful. Without a bill of sale, or contract, these owners can take the horse back at any time. I would try and get a hold of them and tell them that you will keep the horse as long as they can provide a bill of sale (even if it is for $1.00). That way, if the horse starts to look fantastic and like you said is all fixed up by the vet, they can not just take him back and leave you with the vet bills. You put all the money and work into this horse, you deserve to call him your own.

Shotgun93 · 07-12-2006, 11:19 AM

Possesion is 9/10the of the law, in some states. Find out your states laws. But, you want to get a bill of sale, either from the owner or through the courts.

If you can't get a hold of them, you can send them a certified letter stating that they come get the horse or contact you about the horse within 30 days or they forfit ownership of the horse. But, if you want the horse, this might backfire on you.

If you don't have proof of ownership or sale, they can very easily come back at you for the horse, or the price of the horse.

Dressage-steps · 07-12-2006, 11:28 AM

We have a lease agreement signed by both sides with the date and such,
and it says that the horse's price is 0$, from what I found on one of the peoples sites is that they gave this horse away some time in 05, got him back because he was in bad shape, then gave him to us. So I'm not wanting them to take him away from us, esp. since we are about to get a chiropractor out here for him. I'm guessing if they haven't contacted us in a long time them they're just not interested in his wellbeing and from what they said "This horse is worth nothing" but I'm sure my boy won't be "worth nothing" when I get him back up to health...

So would you say the best way to go is to keep any bills we spned on him from a vet and such? We've had a farrier out twice. Just keep those to prove that we've been caring for him? And that we've had him for a while?

No1Dazy · 07-12-2006, 11:33 AM

Quote:

Originally Posted by Dressage-steps

We've had a farrier out twice.

You've had this horse since December and have only had a farrier out twice?

Shotgun93 · 07-12-2006, 11:45 AM

Quote:

Originally Posted by No1Dazy

You've had this horse since December and have only had a farrier out twice?

I was thinking that too.

Anyway, yes, keep all your bills, but you need to try to contact them about transfering ownership of the horse. Send them a certified letter stating that you wish to buy the horse for $______ and that you request contact with them by _________.

Dressage-steps · 07-12-2006, 12:12 PM

Well what I mean is we've had -this- farrier out twice... the previous owner of the horse was taking care of his hooves until he stopped coming, so that's when we got the new farrier out.

07-12-2006, 11:14 AM	#1
Dressage-steps Senior Member Join Date: Feb 2006 Posts: 342 Images: 99	Lease issues... We got a horse last Dec. on a free lease... we were supposed to talk to the former owners in March about whether we wanted to keep him, we haven't seen the owners since before March and we never actually discussed weather to keep him or not (he was going to be given to use free anyways). Now the horse was in bad shape when we got him, and the deal was we build him back up and they pay the vet bills and such. So I'm guessing, is he our horse now? What if we get him all nice and back to health after paying for the vet and such and they want to take him back can they? I don't know if he was registered because I never got a chance to talk to the owner about it, and is there supposed to be some proof of sale of change owner? Or only if he's registered? My guess is that these people just dumped him on us, they won't pick up their phone or call us back... so I was just curious about this...

07-12-2006, 11:16 AM	#2
Jess! Senior Member+ Join Date: Aug 2005 Location: San Diego Posts: 9,149 Images: 210 Blog Entries: 14	I would think he is yours. However, I don't think there is anything that will stop them from coming and picking him up saying,"Oh, we've decided not to give him away." Can you go over to their house? I'd go with a "bill of sale" or rather "bill of giveaway" in this case and ask them to please sign it so you know the horse is yours. __________________ (¯`·._¤ Jess!·._¤ ´¯) A Thousand Mile Journey Proud Marine Wife - 8 Weeks left in Iraq!

07-12-2006, 11:17 AM	#4
Brina Senior Member Join Date: Apr 2006 Location: RI Posts: 978 Images: 67	My only suggestion is to be careful. Without a bill of sale, or contract, these owners can take the horse back at any time. I would try and get a hold of them and tell them that you will keep the horse as long as they can provide a bill of sale (even if it is for $1.00). That way, if the horse starts to look fantastic and like you said is all fixed up by the vet, they can not just take him back and leave you with the vet bills. You put all the money and work into this horse, you deserve to call him your own. __________________ Bree* Custom Pet Portraits

07-12-2006, 11:19 AM	#5
Shotgun93 Senior Moderator Join Date: Aug 2004 Location: Southwest SD Posts: 13,388 Images: 124	Possesion is 9/10the of the law, in some states. Find out your states laws. But, you want to get a bill of sale, either from the owner or through the courts. If you can't get a hold of them, you can send them a certified letter stating that they come get the horse or contact you about the horse within 30 days or they forfit ownership of the horse. But, if you want the horse, this might backfire on you. If you don't have proof of ownership or sale, they can very easily come back at you for the horse, or the price of the horse. __________________ In the quiet light of the stable, you hear a muffled snort, the stamp of a hoof, a friendly nicker. Gentle eyes inquire, "How was your day old friend?" and suddenly, all your troubles fade away. -Author Unknown

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07-12-2006, 11:17 AM	#3
Trace Senior Member+ Join Date: Jun 2004 Location: CT, but from England originally Posts: 1,337 Images: 3 Blog Entries: 3	I would start by recording all of the vets bills - the dates and times that you called and left messages. They could come back at any time and try and take him from you - esoecially if he is in good shape now. If you end up going to court you need to have all the documenation to put before the court to show that you made a good faith effort to contact them and that you ahve been providing for him anmd paying vets bills etc for all this time. The judge could then make a judgement call as to whether he would be considered yours at this point.

07-12-2006, 11:28 AM	#6
Dressage-steps Senior Member Join Date: Feb 2006 Posts: 342 Images: 99	We have a lease agreement signed by both sides with the date and such, and it says that the horse's price is 0$, from what I found on one of the peoples sites is that they gave this horse away some time in 05, got him back because he was in bad shape, then gave him to us. So I'm not wanting them to take him away from us, esp. since we are about to get a chiropractor out here for him. I'm guessing if they haven't contacted us in a long time them they're just not interested in his wellbeing and from what they said "This horse is worth nothing" but I'm sure my boy won't be "worth nothing" when I get him back up to health... So would you say the best way to go is to keep any bills we spned on him from a vet and such? We've had a farrier out twice. Just keep those to prove that we've been caring for him? And that we've had him for a while?

07-12-2006, 12:12 PM	#9
Dressage-steps Senior Member Join Date: Feb 2006 Posts: 342 Images: 99	Well what I mean is we've had -this- farrier out twice... the previous owner of the horse was taking care of his hooves until he stopped coming, so that's when we got the new farrier out.