Equine Law Blog
In these difficult economic times, boarding stables nationwide are struggling to get their clients to pay. Stables can be asking for trouble, however, when they make their own conclusions that a horse is abandoned due to unpaid board and then take matters into their own hands without following the law.
Abandonment
In the eyes of the law, a boarded horse is usually not "abandoned" just because its owner failed to pay the boarding stable. Rather, abandonment is typically a conclusion that is made by a court of law with guidance from the applicable state law.
Abandoned property, as a general matter, is defined as property (such as a horse) to which the owner has voluntarily given up all title and possession, with the intention of terminating ownership for good, and without giving ownership to any one person. Several states now have laws on the books regarding abandoned property and how ownership can be legally claimed.
Conclusion
Never should a boarding stable sell off a boarded horse, put the horse into its lesson program, or lease out the horse without clear written permission from the owner or a ruling from a court of law permitting the stable to do so. Stables that proceed improperly run a serious risk of facing criminal charges of theft and conversion in addition to potential civil claims.
ShareholderJulie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. She has successfully tried equine cases before juries in four states. A frequent author and speaker on legal issues, she has written ...
