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Is It Horse-Friendly Property? Know The Answer Before You Buy

A caller years ago, had a difficult legal problem. He recently bought a home and surrounding land, converted a back yard work shop into a horse stall, set up new pasture fencing and moved in his horse. His life-long dream of owning a horse property within his budget, he thought, had just been realized.

Within weeks, however, his dream seemed to shatter when he received a notice from the municipality that his horse and fencing had to go. What he had not known, until that point, is that his municipality’s zoning ordinances included set-back restrictions for fencing. The ordinance required that his fence lines be within a substantial distance from his property line. Unfortunately for him, his lot was very narrow and compliance with the ordinance would make his horse pasture the size of a dog run.

This problem could have been avoided with some advance planning.  If you plan to buy property with the goal of stabling horses on it, get clear, reliable and preferably written answers to these questions before you sign documents:

  • What is the property's zoning classification?  Ask for details.  Look further. Nowadays, this information is often online. Find out whether the classification for your property allows horses to be stabled on the property.
  • Do local ordinances affect your plans to install new fencing?  Look up the municipality‚Äôs fencing ordinances. You might be surprised to learn that they impact your fence types (PVC or electrified rope fencing might be forbidden) and locations. 
  • Will the property's size and configuration allow you to add new structures, such as another residence, manager's residence, new barns or an indoor arena while remaining in compliance with zoning ordinances and restrictions?  If you intended to make these improvements, find out whether the community forbids them and how the municipality treats requests for variances and modifications.
  • Does the municipality have manure disposal restrictions?  Can you pile the manure? Can you spread it through the pastures or designated areas?  Find out whether the municipality has restrictions that could impact your planned operations.

Conclusion

People sometimes buy horse property with the expectation of spending extra money on improvements such as new arenas, observation rooms, storage sheds or expanded barns. Legal expenses necessitated by resistance from the municipality rarely fall within the budget.  By planning ahead before you make the commitment, you might be able to avoid problems before they occur.

Categories: Zoning & Land Use

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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 over 400 published articles, four books, and has lectured at seminars, conventions, and conferences in 29 states on issues involving law, liability, risk management, and insurance. For more information, please also visit www.fershtmanlaw.com and www.equinelaw.net, and www.equinelaw.info.

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Contact Us - Julie Fershtman

Fershtman’s Equine Law Book Wins Fourth National Award

Julie Fershtman’s latest book, Equine Law and Horse Sense, won its fourth national award on May 31, 2021. It was selected to receive a "Finalist" Medal in the 2021 Next Generation Indie Book Awards. 

The 2021 Next Generation Indie Book Awards are presented by Independent Book Publishing Professionals Group, which is the largest International awards program for indie authors and independent publishers. Here’s a link for the complete list of 2021 winners and finalists: https://www.indiebookawards.com/winners.php?year=2021 

Fershtman’s Equine Law Book Receives Third National Award

Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.

The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners

Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0

Upcoming Speaking Engagements

In 2022, Julie Fershtman is scheduled to be a speaker on equine liability at these conventions:

Fershtman’s Equine Law Book Receives Second National Award

Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.

The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners

Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0

Our Equine law blog (and its author) in the news!

Julie Fershtman, author of our popular and prolific Equine Law Blog, was interviewed by the State Bar of Michigan. The interview, which called Fershtman "Lawyer-Blogger," discussed our Equine Law Blog. We truly believe that this blog is the nation's most active blog serving the equine industry on equine law topics, and we thank you for visiting it. Read more here.

Honors & Recognitions

Equine lawyer, Julie Fershtman, has received these prestigious equine industry awards from respected equine organizations:

"Excellence in the Advancement of Animal Law Award" - American Bar Association Tort Trial & Insurance Law Section Animal Law Committee

"Distinguished Service Award" - American Youth Horse Council

"Industry Service Award" - Michigan Equine Partnership

"Catalyst Award"- Michigan Horse Council

"Outstanding Achievement Award" - American Riding Instructors Association 

"Partner in Safety Award" - American Riding Instructors Association 

"Associate Service Award" - United Professional Horseman's Association

"National Partnership in Safety" Award" - Certified Horsemanship Association 

Some of our Equine Law Services

Handling breach of contract, fraud/ misrepresentation, commercial code, and other claims involving equine-related transactions including purchases/sales, leases, mare leases/foal transfers, and partnerships.

Litigating a wide variety of equine-related disputes in court or through alternative dispute resolution (arbitration, mediation, facilitation).

Defending equine/farm/equestrian industry professionals,  businesses, and associations in personal injury claims and lawsuits.

Drafting and negotiating contracts for boarding, training, sales, waivers/releases, leases, and numerous other equine-related transactions.

Representing and advising insurers on  coverage and policy language as well as litigation;

Advising equine industry clubs and associations regarding management, rules, bylaws, disputes, and regulations.

Representing some of the equine industry's top trainers, competitors, stables, and associations.

Counseling industry professionals, stable managers, and individual horse owners. 

THE NATION'S MOST SOUGHT-AFTER EQUINE LAW SPEAKER

Did you know Julie Fershtman has spoken at the American Horse Council Annual Meeting, Equine Affaire, US Hunter/Jumper Association Annual Meeting, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Paint Horse Association Annual Meeting, US Pony Clubs, Inc.'s Annual Meeting, All-American Quarter Horse Congress, American Youth Horse Council Annual Meeting, American Riding Instructors Association Annual Meeting, CHA Annual Meeting, and numerous others? Consider signing her up for your convention. Contact Julie directly.

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Follow us for updates regarding news, cases, disputes, and issues regarding Equine Law. @horselawyers