Equine Law Blog
Equine leases can generate several kinds of legal disputes, many of which have been addressed elsewhere in this blog. One dispute involves this scenario: The lessee (a “lessee” is the party that is allowed to use the horse owned by the “lessor” for a certain period of time under certain terms and conditions) is accused of neglecting the leased horse, and the lessor wants the horse returned as a result.
These disputes can be more complicated than they seem. For example, the lessor and lessee might disagree over the central issue of whether the horse was abused or neglected. Also, sometimes, the lessor might demand to have the horse inspected by a veterinarian, but the lessee might refuse to allow this to occur. If the lessor tries to haul away the horse, the lessee might accuse the lessor of trespassing, or even theft. Legal expenses can be significant to resolve these disputes.
A well-written lease contract can help prevent several types of disputes. Some elements of a lease agreement include:
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A standard of care and attention that the leased horse should receive during the term of the lease. [Example: “The parties mutually agree that during the term of this lease, the horse will receive high-quality care commonly given to top quality horses used in high-level competition.”]
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The lessor’s right to inspect the horse during the term of the lease to evaluate the horse’s care.
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Restrictions on the horse’s care and location such as a specified facility where the leased horse must be stabled during the term of the lease, a certain type or quality of grain and hay the horse must receive, feed supplements, turnout requirements, and others.
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Attorney fee clause that specifies who pays the legal fees in the event of a dispute.
Certainly, the agreement can include several other possible conditions and terms.
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 ...
