Equine Law Blog
Many people believe that the one who is named on a horse’s registration papers is the horse’s true owner. This issue is not only important in sales settings but also in liability settings, as well.
Courts in a few states have examined the issue of whether registration papers prove ownership and have held that the name appearing on a horse’s registration papers may not necessarily be the name of the horse's true owner. In essence, these courts have recognized that differences exist between registration papers and a title to a car. There are several reasons for this; here are two:
- Sometimes people simply do not feel the need to transfer over a horse’s registration papers. This is more likely to occur if the horse is not used for breeding or showing purposes.
- In many cases, a partnership might own the horse, but the partners may have agreed to register the horse in one partner’s name only.
The name appearing on the papers could also become an issue from a liability standpoint when someone seeks the names of the horse's true owner. That is, if a horse injures or kills someone, people might seek to hold the horse's owner responsible. But in the course of determining ownership, some will look to whose name appears on the registration papers. If you intend to keep the registration papers in your name after selling or giving away a horse, you can try to avoid liability by securing written proof that you have sold or given away a horse. A Bill of Sale can help, and make sure to keep a copy.
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 ...
