Equine Law Blog
For years, we’ve received calls like these:
- “I ‘free leased’ my horse to a friend, but now she refuses to return my horse.”
- “A neighbor let me ‘rescue’ her horse because she could no longer take care of him. Now I want to sell him, but my neighbor says I can’t do this.”
In each situation, the parties had no written contract, and nobody was ready or able to undergo an intense and costly legal battle that might follow.
Equine transactions are ripe for a legal dispute when the parties have no written contract and a completely different understanding of the same transaction. Without a contract or agreement explaining the transaction and what the parties’ intended, these types of legal matters can become lawsuits in which the outcome is never predictable. What is a virtual guarantee is that in a court of law the dispute will never be quick, easy, or cheap to litigate.
Getting it in Writing
A written agreement can help avoid equine ownership disputes. The agreement can include, for example:
- Who owns the horse
- Whether the horse is being given away or leased
- If the horse is being given away, the parties can sign a simple bill of sale
- If the horse is being leased, the duration (term) of the lease and how, or if, the lease is renewed for another term
- If the horse is being leased, details regarding what the lessee can do and expenses the lessee is expected to pay
- For leases, the contract can also include a mediation clause (see below)
Other posts in this blog have addressed equine leases and perils of verbal equine contracts.
Mediation of an Equine Ownership Dispute
Mediation can resolve many kinds of legal disputes. Through the mediation process, a neutral person can attempt to help the parties resolve their dispute. One well-known mediation service is this: hamiltonlawandmediation.com.
The problem is, once parties become embroiled in a legal dispute, they’re often unwilling to agree on anything – even mediation. A written contract can preserve the right to mediate. For example, the contract can require the parties to submit disputes to non-binding mediation before a lawsuit can be filed. Depending on the contract, the parties can also specify the location of mediation, the service providing it, and the parties’ obligation to share equally in mediation costs.
Legal disputes involving equine ownership can be especially complex, and variations can exist on a state-by-state basis. Direct your questions to a knowledgeable lawyer.
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 ...
