Equine Law Blog
When a horse facility takes in a horse for care and keeping, but the horse's owner fails to pay boarding fees and is nowhere to be found, is the horse "abandoned"? Surprisingly, many stables simply draw their own conclusions and then take drastic action, such as give away horses, lease them out, use them in lessons, or sell them off. Is that legal? Probably not.
Abandonment is not a conclusion that someone draws on their own. Rather, it is typically a conclusion reached in a court of law. Generally speaking, “abandoned” property is property (such as a horse) to which the owner has voluntarily relinquished all title and possession, with the intention of terminating ownership for good, and without giving ownership to any one person. Laws in some states address abandoned property and the rights of keepers of abandoned property. Before taking any drastic action, always check your state law.
When stables suspect that they have an abandoned horse, their options include:
- Bring a collection lawsuit against the horse’s owner seeking to collect the amount of the unpaid board (plus other amounts where allowed by law and depending on their contract, such as interest, court costs, and legal fees). After a stable wins a judgment, state law might allow the stable to sell the horse.
- Consider pursuing action allowed under the applicable state's stablemen's lien law (sometimes called an “agister’s lien law”), and follow the law to the letter. These laws typically specify waiting periods, notices, procedures for the sale, and procedures after the sale.
- Consider whether to undertake proper legal proceedings to declare the horse "abandoned" and ask the court for legal ownership.
Remember that the horse should receive "reasonable care," even if its owner falls behind on board payments.
Because these issues can be complex, consult with legal counsel.
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 ...
