Equine Law Blog
People in the horse industry sometimes enter into arrangements through which the horse is shared by agreement between two people, while only one of them owns the horse. People in the horse industry call these arrangements “half lease” or “share board” arrangements. They may seem simple but, in the eyes of the law, they can be complicated and call for a carefully written contract. Here are a few details to consider:
Maintenance
When two or more people share use of a horse, it seems reasonable that they should share basic expenses and upkeep such as boarding, farrier work, routine veterinary bills, de-worming, and others. A contract can specify the details.
Major Veterinary Care
Emergencies can arise requiring major veterinary expense, but who will pay? The contract can address these issues in advance. For example:
The parties can agree that the one responsible for causing the problem must pay all expenses. In reality, however, the problem is figuring out who bears that responsibility. And with some maladies, such as colic, it might be impossible to determine who, if anyone, caused it.
The parties can agree that the last one using the horse before the problem occurs, must pay all expenses.
The parties can agree to buy equine insurance, such as major medical insurance, to help pay for these expenses. Also, the parties can share the cost of mortality insurance on the horse, with proceeds payable to the horse owner.
Liability
The horse’s owner risks being named in a lawsuit if someone, not just the lessee, is hurt. In an attempt to avoid liability, horse owners can consider purchase a policy of liability insurance, require people to sign well written releases of liability(sometimes called "waivers") and indemnification agreements, where allowed by law.
If you have any questions about "half lease"/"share board" arrangements, please give me a call or send me an email.
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 ...
