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BLM GELDING REGISTERED TO ME BUT LESSEE BUT THEIR NAME AS OWNER ON BOARDING CONTRACT!

So here is my situation… I adopted a 5 year old BLM Mustang Gelding and my friend, who worked at a horse farm with me, became interested in him and wanted to take on full responsibility of his care. I agreed (stupidly) with only a verbal contract and no written contract (very stupidly). There was no room to board at my facility so she took him to one right down the road. I have been keeping tabs on him and EVERY TIME I see him there is something wrong!

For example: he had a nasty cough when he first came to the boarding facility (October 2015) I told her if she wanted the responsibility of the horse she would have to pay for the vet call. She lied to me about calling the vet, and I came back by the end of the month, after she stated she had it taken care of, and he STILL had a nasty cough - to the point the farmhand was concerned. I called her and told her if i had to front the bill, I would take him back. She begged me not to and called a vet out - all was taken care of.

I checked on him in January and his feet had not been done since October. I explained to her the importance of getting his feet done and she acknowledged and stated she would call the farrier out. This farrier happens to be my friend. I stopped by 2 weeks later and his feet had STILL not been done! Its a barefoot trim that costs only $35! She then states she doesn’t have the money…yet is posting pictures of her at Disneyland eating churros and ice cream, going to clubs, buying drugs, buying stagecoach tickets, new cowboy boots, a unicorn tailbag (dont get me started on that. LOL) and spending weekends up in Laughlin and Las Vegas. Then she states she had forgotten to get ahold of the farrier. Now I had to threaten again if i had to front the cost - I would take him back. Again she begged me not to and had it done shortly after. Now with the farrier being my friend I had him put it on an automatic schedule of every 8-10 weeks since she apparently has a hard time remembering these things.

So I take some time off of seeing him, giving her some space so she can prove she can actually take care of this horse without me, and I come back in April and his sheath is horribly swollen! I reached out to her and asked her how the horse was doing she said his sheath was “a little swollen”. I asked if a vet was called and she stated “Yah, but they’re gonna mail me the report”. Funny thing is, I use the same vets and they do EVERYTHING electronically and hand you something in person as well…So I had reasonable suspicion she was lying. I called the same vet and ask them to release the report to me and they refuse since I wasn’t the one who made the call and SHE needed to call them to release the info…even though I faxed them all the paperwork from the BLM stating he is mine. Whatever…thats a whole other issue.

I stopped by every month since then to see if there was any improvement with his sheath and there was not. I took pictures for evidence that in fact it had only gotten worse with time. I contacted the people who TIP’d him and they stated he has no fly allergies and never issues of any swelling in his sheath with regular cleaning. So an allergic reaction was not the case.

Come June 19 2016, I randomly decide to stop by and check up on him since it was going to be an extremely hot day. His sheath had swelled up to the size of large lemons!!! They were hot and extremely hard and he became very uncomfortable when I touched him; trying to kick, was dancing around, etc. I asked the farm hand about it and the farm hard thought he was a stud! By this time I had enough and I called a professional to come clean his sheath. within an HOUR the swelling in his sheath had gone down dramatically. This procedure LITERALLY COST $30 and they were there within 2 hours! She FLIPS OUT ON ME stating I am not the owner of the horse because she wrote on the boarding contract she is the only owner. I send her the picture from the BLM paperwork I had signed to remind her who his true owner is and the liability she is putting me at. She states If i had concerns I needed to contact her first…however, she had lied to me countless times about him “being taken care of”. She also lied about the “treament process the vet had told her to do”. She states that the vet "found 1 bean in his sheath and gave him a shot of bute. The vet also recommended she work him 15-20 minutes to help the swelling go down, and to cold hose it 4 times a week. I may not be a vet, however I am going to school for Horse Ranch Management so i do know my stuff and concluded that the vets orders do not sound correct.

Anyways I got his sheath done - they found 6 beans and a TON of smegma build up. He needs to be cold hosed 2-3 times a day to help with the swelling and worked daily. Now that his winky is completely clean, he is feeling much better and is a happy boy again!

Now here is the dilemma - The owner of the boarding facility states that on her boarding contract, she is the legal owner and not me. I sent her a picture of the paper work from the BLM showing I am the legal owner of the horse with the description of the animal, adoption date and all. The facility owner states that there is “nothing I (as in me) can do because she put herself as the only owner on the boarding contract even though I have the BLM adoption paperwork”. She stated her brother works for the BLM and she is familiar with the paperwork and, although I may be the legal owner, she did not put me down as the true owner on her contract with the facility, only as an emergency contact, so I cannot retrieve my horse. The boarding contact has no notary attachments whatsoever yet mine does. I can’t control she lied on the contract and was unaware she had only put me as the emergency contact.

Has anyone gone through anything like this before? I am worried about his well-being and the receiving the medical attention he needs - his teeth need to be floated, overdue on his shots, overdue on his worming, feet being done on time, and sheath properly cared for, let alone he is at a public boarding facility. I am now able to now bring him onto my own property. However the facility owner states she cannot release him to me because of the boarding contract where she stated herself as the only owner.

WHAT DO I DO?!?! Do I call the cops and have them assist me with taking him back? I don’t want to cause any issues, but at this point, the horse is more important. any advice will be helpful. TIA!

Yes you will need to go file a stolen property report. Don’t just call the police, you must go file a report.

The barn owner also cannot control what people put on boarding contract and I wouldn’t release the horse to you either.

Although I will say that nowhere in your post do you mention having a conversation with your friend about taking the horse back now. Possibly start there.

https://www.blm.gov/adoptahorse/howtoadopt.php

I call Troll.
OP:
Do you have Title to the animal yet?
From what I read in the above BLM document - particlularly the section on Pickup/Item C - you appear to have already violated this contract when you gave the horse to your friend.
Did BLM approve the facility he was moved to?
As described here:
(Same document also states Title remains with the Government for 1 year, so in your case October of this year.)

https://www.blm.gov/adoptahorse/requirements.php

If not, see the very last sentence on the Requirements:
FYI:

“YOUR FACILITIES MAY BE INSPECTED PRIOR TO OR AFTER ADOPTION. FACILITIES AND ANIMALS MAY BE INSPECTED AT ANY TIME UNTIL THE TITLE IS ISSUED.”

Think I’ll go start the popcorn…

This would be a lie.
This horse is not stolen. It is out on lease and the OP wants to break the lease (for cause). That is different than stolen.

[QUOTE=trubandloki;8711984]
This would be a lie.
This horse is not stolen. It is out on lease and the OP wants to break the lease (for cause). That is different than stolen.[/QUOTE]

I agree. But I don’t understand why op doesn’t seem to have asked for horse back from friend and given that op seems to have no lease contract I can only offer my own experience of having sheriffs out while trying to retrieve my own horses from a property I personally boarded at, long story, and I did have to go file a stolen property report even though my horses were not technically stolen…more held hostage.

[QUOTE=trubandloki;8711984]
This would be a lie.
This horse is not stolen. It is out on lease and the OP wants to break the lease (for cause). That is different than stolen.[/QUOTE]

If someone has possession of my property, bails it to another (Google “bailment”), and tells the other that they hold title to the property I think that might well meet the definition of “theft.”

The police might say it’s a commercial dispute but they might not. Make the call.

Now, trolling? Or incredibly stupid equine husbandry? IIRC the BLM rules then the OP has screwed up seven ways from Sunday and is likely in violation of many Federal rules if she is in the first year of owning the horse. Even if she is not in violation of Federal rules she’s in violation of a host of the normal procedures and practices one follows in normal horse ownership.

If the horse is in the physical condition she describes the barn owner is deep kimchi for not addressing the clearly substandard care.

A troll or an all too common story of equine husbandry in the 21st Century? That, Gentle Reader, is your call.

G.

[QUOTE=buckoffbabe;8711947]
I called the same vet and ask them to release the report to me and they refuse since I wasn’t the one who made the call and SHE needed to call them to release the info…even though I faxed them all the paperwork from the BLM stating he is mine. Whatever…thats a whole other issue.[/QUOTE]

This, at least, is not an issue. She paid for the vet work, so the records belong to her, even though you own the horse. It’s similar to someone doing a PPE on a horse–the owner doesn’t automatically get access to the PPE results (and Xrays, etc).

In addition, it’s not the barn owner’s job to sort out the ownership dispute between you and your friend. For all the barn owner knows, your friend has a valid bill of sale somewhere and you’re trying to steal the horse from her using the BLM paperwork. Not saying you are–just saying the barn owner has no way to know.

So the barn owner is not unreasonable in refusing to release the horse until the two of you sort out the ownership issue (either amicably or through the courts if necessary).

So at this stage you either call your friend and work it out or, if you have reason to think that won’t go so well, you call the cops (on their non-emergency line). If they can help you, they will. If they determine it is a civil matter, they will tell you that and can advise you on the next step (get a lawyer).

[QUOTE=buckoffbabe;8711947]
So here is my situation… I adopted a 5 year old BLM Mustang Gelding and my friend, who worked at a horse farm with me, became interested in him and wanted to take on full responsibility of his care. I agreed (stupidly) with only a verbal contract and no written contract (very stupidly). There was no room to board at my facility so she took him to one right down the road. I have been keeping tabs on him and EVERY TIME I see him there is something wrong!

For example: he had a nasty cough when he first came to the boarding facility (October 2015) I told her if she wanted the responsibility of the horse she would have to pay for the vet call. She lied to me about calling the vet, and I came back by the end of the month, after she stated she had it taken care of, and he STILL had a nasty cough - to the point the farmhand was concerned. I called her and told her if i had to front the bill, I would take him back. She begged me not to and called a vet out - all was taken care of.

I checked on him in January and his feet had not been done since October. I explained to her the importance of getting his feet done and she acknowledged and stated she would call the farrier out. This farrier happens to be my friend. I stopped by 2 weeks later and his feet had STILL not been done! Its a barefoot trim that costs only $35! She then states she doesn’t have the money…yet is posting pictures of her at Disneyland eating churros and ice cream, going to clubs, buying drugs, buying stagecoach tickets, new cowboy boots, a unicorn tailbag (dont get me started on that. LOL) and spending weekends up in Laughlin and Las Vegas. Then she states she had forgotten to get ahold of the farrier. Now I had to threaten again if i had to front the cost - I would take him back. Again she begged me not to and had it done shortly after. Now with the farrier being my friend I had him put it on an automatic schedule of every 8-10 weeks since she apparently has a hard time remembering these things.

So I take some time off of seeing him, giving her some space so she can prove she can actually take care of this horse without me, and I come back in April and his sheath is horribly swollen! I reached out to her and asked her how the horse was doing she said his sheath was “a little swollen”. I asked if a vet was called and she stated “Yah, but they’re gonna mail me the report”. Funny thing is, I use the same vets and they do EVERYTHING electronically and hand you something in person as well…So I had reasonable suspicion she was lying. I called the same vet and ask them to release the report to me and they refuse since I wasn’t the one who made the call and SHE needed to call them to release the info…even though I faxed them all the paperwork from the BLM stating he is mine. Whatever…thats a whole other issue.

I stopped by every month since then to see if there was any improvement with his sheath and there was not. I took pictures for evidence that in fact it had only gotten worse with time. I contacted the people who TIP’d him and they stated he has no fly allergies and never issues of any swelling in his sheath with regular cleaning. So an allergic reaction was not the case.

Come June 19 2016, I randomly decide to stop by and check up on him since it was going to be an extremely hot day. His sheath had swelled up to the size of large lemons!!! They were hot and extremely hard and he became very uncomfortable when I touched him; trying to kick, was dancing around, etc. I asked the farm hand about it and the farm hard thought he was a stud! By this time I had enough and I called a professional to come clean his sheath. within an HOUR the swelling in his sheath had gone down dramatically. This procedure LITERALLY COST $30 and they were there within 2 hours! She FLIPS OUT ON ME stating I am not the owner of the horse because she wrote on the boarding contract she is the only owner. I send her the picture from the BLM paperwork I had signed to remind her who his true owner is and the liability she is putting me at. She states If i had concerns I needed to contact her first…however, she had lied to me countless times about him “being taken care of”. She also lied about the “treament process the vet had told her to do”. She states that the vet "found 1 bean in his sheath and gave him a shot of bute. The vet also recommended she work him 15-20 minutes to help the swelling go down, and to cold hose it 4 times a week. I may not be a vet, however I am going to school for Horse Ranch Management so i do know my stuff and concluded that the vets orders do not sound correct.

Anyways I got his sheath done - they found 6 beans and a TON of smegma build up. He needs to be cold hosed 2-3 times a day to help with the swelling and worked daily. Now that his winky is completely clean, he is feeling much better and is a happy boy again!

Now here is the dilemma - The owner of the boarding facility states that on her boarding contract, she is the legal owner and not me. I sent her a picture of the paper work from the BLM showing I am the legal owner of the horse with the description of the animal, adoption date and all. The facility owner states that there is “nothing I (as in me) can do because she put herself as the only owner on the boarding contract even though I have the BLM adoption paperwork”. She stated her brother works for the BLM and she is familiar with the paperwork and, although I may be the legal owner, she did not put me down as the true owner on her contract with the facility, only as an emergency contact, so I cannot retrieve my horse. The boarding contact has no notary attachments whatsoever yet mine does. I can’t control she lied on the contract and was unaware she had only put me as the emergency contact.

Has anyone gone through anything like this before? I am worried about his well-being and the receiving the medical attention he needs - his teeth need to be floated, overdue on his shots, overdue on his worming, feet being done on time, and sheath properly cared for, let alone he is at a public boarding facility. I am now able to now bring him onto my own property. However the facility owner states she cannot release him to me because of the boarding contract where she stated herself as the only owner.

WHAT DO I DO?!?! Do I call the cops and have them assist me with taking him back? I don’t want to cause any issues, but at this point, the horse is more important. any advice will be helpful. TIA![/QUOTE]

quoted for posterity

I agree with other posters. Tell your friend you want to end your arrangement and make arrangements to pick up the horse. Get the friend on board with you bringing the horse to your place (no board fees! she can come ride him at your place!), sweeten the pot so to speak. That will avoid involving law enforcement or lawyers.

Isn’t the boarding contract a void one?

Technically, if the Lessee lied about being the owner of the horse, it makes the contract null as you ca’t enter into a contract on false pretenses.

OP, it’s time for you to take care of your horse. Since the barn is down the road from you, got visit regularly and start paying the bills like you said you would.

Meanwhile, call a lawyer.

[QUOTE=alibi_18;8712397]
Isn’t the boarding contract a void one?

Technically, if the Lessee lied about being the owner of the horse, it makes the contract null as you ca’t enter into a contract on false pretenses.

OP, it’s time for you to take care of your horse. Since the barn is down the road from you, got visit regularly and start paying the bills like you said you would.

Meanwhile, call a lawyer.[/QUOTE]

Whether contract is valid or not is above the pay grade of barn owners and police officers alike.

This has to be a troll. If the horse existed and OP cared about it, he or she would have taken it back after the FIRST failure to call the vet.

If you have the paperwork showing you got the horse from the BLM, go pick up the horse and move him. Then file a restraining order against your friend. Or contact the BLM so they can take the horse back. Poor horse! He deserves better than what you and your friend have done to him. Or not done, as the case appears to be.

[QUOTE=2DogsFarm;8711967]
https://www.blm.gov/adoptahorse/howtoadopt.php

I call Troll.
OP:
Do you have Title to the animal yet?
From what I read in the above BLM document - particlularly the section on Pickup/Item C - you appear to have already violated this contract when you gave the horse to your friend.
Did BLM approve the facility he was moved to?
As described here:
(Same document also states Title remains with the Government for 1 year, so in your case October of this year.)

https://www.blm.gov/adoptahorse/requirements.php

If not, see the very last sentence on the Requirements:
FYI:

“YOUR FACILITIES MAY BE INSPECTED PRIOR TO OR AFTER ADOPTION. FACILITIES AND ANIMALS MAY BE INSPECTED AT ANY TIME UNTIL THE TITLE IS ISSUED.”

Think I’ll go start the popcorn…[/QUOTE]

To answer your questions:
First off, I am not a troll:

  1. yes the BLM is aware of the location of the facility he is boarded at so no there is no violation there.
  2. I am am checking up on the horse and there is nothing that states another person cannot work with the horse in the BLM contract.
  3. I have not GIVEN the horse to my “friend” as for i do not retain the title for the animal yet.

[QUOTE=alibi_18;8712397]
Isn’t the boarding contract a void one?

Technically, if the Lessee lied about being the owner of the horse, it makes the contract null as you ca’t enter into a contract on false pretenses.

OP, it’s time for you to take care of your horse. Since the barn is down the road from you, got visit regularly and start paying the bills like you said you would.

Meanwhile, call a lawyer.[/QUOTE]

Thank you for your guidance. I have already started paying bills to better his health due to her negligence. The facilities owner states that her boarding contract oversees my federal BLM contract to which i do not see possible as mine is made by the government and her was on microsoft word at home.

Now that I am aware of the issues -as the friend states “it was none of my business in the first place” even though he is legally mine- I have completely taken the horses medical, and all around care. His medical issues have been treated as of yesterday. The problem is the facility owner states that her contract overrides my BLM contract and I do not see how…

I am not a troll. I have paid for his well being and the medical attention he needs. The problem is now that the boarding facility will not release the animal from the property due to her lying on the boarding contract as the only owner and states that my BLM contract is invalid.

[QUOTE=Halt Near X;8712262]
This, at least, is not an issue. She paid for the vet work, so the records belong to her, even though you own the horse. It’s similar to someone doing a PPE on a horse–the owner doesn’t automatically get access to the PPE results (and Xrays, etc).

In addition, it’s not the barn owner’s job to sort out the ownership dispute between you and your friend. For all the barn owner knows, your friend has a valid bill of sale somewhere and you’re trying to steal the horse from her using the BLM paperwork. Not saying you are–just saying the barn owner has no way to know.

So the barn owner is not unreasonable in refusing to release the horse until the two of you sort out the ownership issue (either amicably or through the courts if necessary).

So at this stage you either call your friend and work it out or, if you have reason to think that won’t go so well, you call the cops (on their non-emergency line). If they can help you, they will. If they determine it is a civil matter, they will tell you that and can advise you on the next step (get a lawyer).[/QUOTE]

Now here is the thing - there IS NO bill of sale between us two with the horse - it was a verbal lease out. There is no paperwork anywhere stating she is the owner of the horse except the fact that she stated so on the facilities boarding contract…that is all she has.

[QUOTE=Foxglove6;8712279]
quoted for posterity

I agree with other posters. Tell your friend you want to end your arrangement and make arrangements to pick up the horse. Get the friend on board with you bringing the horse to your place (no board fees! she can come ride him at your place!), sweeten the pot so to speak. That will avoid involving law enforcement or lawyers.[/QUOTE]

Thank you for your guidance. I’m trying to do this the least messiest way as possible. I have told her that the agreement of the care of the horse is not working out and I will now be taking over all expenses on the horse. Now to get the facilities owner to release him to me…

[QUOTE=ladyj79;8712014]
I agree. But I don’t understand why op doesn’t seem to have asked for horse back from friend and given that op seems to have no lease contract I can only offer my own experience of having sheriffs out while trying to retrieve my own horses from a property I personally boarded at, long story, and I did have to go file a stolen property report even though my horses were not technically stolen…more held hostage.[/QUOTE]

I have asked her to terminate the lease as of yesterday. I appreciate any feed back I receive as long as its helpful and not bashing. I’m just trying to do whats right and correct the wrongs.