Use the navigation bar above to access articles and more discussions on this topic.
| Author |
Message |
    
Tracey O'Loughlin
Member
Username: Toloughl
Post Number: 27
Registered: 1-2003
| | Posted on Tuesday, Sep 16, 2003 - 12:24 am: |   |
Two years ago we were given a horse by a lady who said she couldn't afford to keep him any more. We have not heard from her in the past 18 months. The horse had become ill and we were considering putting him down. The previous owner rang up last week and wants him back rather than us putting him down. She has stated that she still owns him. Is this correct? Who legally owns the horse. No money changed hands at the time she gave him to us. |
Ann Cohrs
Member
Username: Apcohrs
Post Number: 58
Registered: 9-2002
| | Posted on Tuesday, Sep 16, 2003 - 2:37 pm: | |
If she still owns him, then she owes you for 18 months board. |
Melissa Webster
Member
Username: Mwebster
Post Number: 371
Registered: 5-2001
| | Posted on Tuesday, Sep 16, 2003 - 8:31 pm: | |
She probably doesn't own him, but what would your objection be to giving him back rather than euthanizing? |
Tracey O'Loughlin
Member
Username: Toloughl
Post Number: 28
Registered: 1-2003
| | Posted on Tuesday, Sep 16, 2003 - 11:39 pm: | |
We offered her the choice of taking him or us euthanizing him and she has opted to take him which we have agreed to. |
joj
Member
Username: Jojo15
Post Number: 372
Registered: 12-2000
| | Posted on Wednesday, Sep 17, 2003 - 3:30 am: | |
Wow... Tough one. what were the terms when you got him? I wouldn't think she has any right to him any longer unless she comes up with all that back rent and feed and vet bills you paid for. Seems suspect that she hasn't been around for all this time and now the horse is to be put down, she is back. Why would that be?
On the other hand what is wrong with the horse. |
Lisa Brand
Member
Username: Trouble
Post Number: 67
Registered: 9-2002
| | Posted on Wednesday, Sep 17, 2003 - 1:33 pm: | |
Tracey,
I think your decision to return him to her is a good one. Maybe her circumstances have changed and she is willing to do whatever it takes to keep him going, maybe she will have to euthanize him anyway. I think you are doing the right thing whether or not she has any rights to him. Just my opinion.
Lisa
|
Tracey O'Loughlin
Member
Username: Toloughl
Post Number: 29
Registered: 1-2003
| | Posted on Thursday, Sep 18, 2003 - 1:21 am: | |
The only term when she gave him to was that we weren't to sell him on. We understood he was ours to keep forever. She also gave us his breed registration papers. I've read that "possession is nine tenths of the law unless conclusively proven otherwise". I've also read that "registration with a breed society is not conclusive proof of ownership". The horse is still registered in her name as she moved interstate before we could ask her to sign the transfer papers. |
Areetha Carter
New Member
Username: Areetha
Post Number: 1
Registered: 8-2002
| | Posted on Thursday, Sep 18, 2003 - 10:09 am: | |
Very often people give a horse with the restriction of it not being sold or given away and what follows that logic is that the "giver" has the right of first refusal - meaning if you no longer want the horse, the "giver" can take the horse back. |
Tracey O'Loughlin
Member
Username: Toloughl
Post Number: 30
Registered: 1-2003
| | Posted on Tuesday, Sep 23, 2003 - 7:58 pm: | |
So would be fair to say that even if the 'giver' had a first right of refusal, they don't necessarily retain ownership of the horse? |
