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

[buckoffbabe]

[QUOTE=Guilherme;8712046]
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]

Thank you for your reply. So you do state I should consult with authorities to see how they would classify this case? I have taken proper procedures to ensure the horses care and comfort is done directly through me (by ensuring with the farrier that his feet be done on time and to contact me for payment if she states she cannot do so, contacted the “friend” about shots, teething, etc while she states “its been handled” and the vet is “mailing her the documents so she’ll show those to me when she gets them”). The barn owner states shes never seen anything wrong with the horse, however the ranch hand has told me different. His hooves have been taken care of last week, I had a vet out to go over his well being and his sheath has been cleaned properly. His teeth are being floated next week and shots have been purchased. You don’t expect something like this who says they love you as a sister and would never intentionally do anything to hurt you - stupid me…

[Texarkana]

OP, I have nothing helpful to add except that I hope you can resolve the situation. It sucks extra because an animal’s care is involved.

It’s easy for people in internet-land to sit back and pass judgement on a situation. But sometimes sh*t just happens. I recently was royally screwed over by a good friend who stole expensive tack from me. If I recounted the whole story, everyone and their brother would say I should have seen it coming. But no one truly expects a good friend to rip you off.

[Guilherme]

[QUOTE=buckoffbabe;8712688]
Thank you for your reply. So you do state I should consult with authorities to see how they would classify this case? I have taken proper procedures to ensure the horses care and comfort is done directly through me (by ensuring with the farrier that his feet be done on time and to contact me for payment if she states she cannot do so, contacted the “friend” about shots, teething, etc while she states “its been handled” and the vet is “mailing her the documents so she’ll show those to me when she gets them”). The barn owner states shes never seen anything wrong with the horse, however the ranch hand has told me different. His hooves have been taken care of last week, I had a vet out to go over his well being and his sheath has been cleaned properly. His teeth are being floated next week and shots have been purchased. You don’t expect something like this who says they love you as a sister and would never intentionally do anything to hurt you - stupid me…[/QUOTE]

Make the report. No guarantee of how it will be received but make it anyway and keep a copy.

G.

[IPEsq]

[QUOTE=buckoffbabe;8712670]
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.[/QUOTE]

How has she responded to this? You may want to hold off on getting the authorities involved if she is going to be friendly about this. Jumping to file a police report or something may make a simple situation get ugly fast. If she is willing to give notice to her barn owner and give authorization that you can pick the horse up, then it all works out. If she is not going to act reasonably, then you need to take steps toward getting the barn owner some kind of authorization (police action, court order) that they need for you to pick up the horse.

[betonbill]

If she is on board with this, have her go with you to the barn and transfer the boarding agreement/contract from her to you. Once that is done then you can move the horse when you are ready to. At the very least, have her sign a paper relinquishing her interest in the horse and go from there.

[enjoytheride]

You don’t need to transfer the boarding contract to your name. That’s ridiculous. If it’s your horse and your friend has broken your lease terms take the horse with proof of ownership. The boarding contract is between your friend and her barn manager and she is responsible for paying the balance due.

The barn manager can take her to court or your friend can pay for the 30 days notice out of her own pocket.

Also, she’s not your friend so stop being nice.

[stoicfish]

[QUOTE=enjoytheride;8712950]
You don’t need to transfer the boarding contract to your name. That’s ridiculous. If it’s your horse and your friend has broken your lease terms take the horse with proof of ownership. The boarding contract is between your friend and her barn manager and she is responsible for paying the balance due.

The barn manager can take her to court or your friend can pay for the 30 days notice out of her own pocket.

Also, she’s not your friend so stop being nice.[/QUOTE]

I know states have different laws but I find it hard to believe that the BO is honoring her lease over legal papers of ownership.
I might actually threaten her with legal proceedings of withholding your property from you. Never mind your friend as she is not in a position on anything - she has no lease or anything in writing to establish any rights to the horse. The BO, however is not correct in keeping the horse from you. If I go steal a horse outright, then I sign a lease with her, then I get to keep it?? Of course not. I would tell your friend to stay away from YOUR horse and I would also tell the BO that she better release the horse or come up with ownership papers because you are coming to get your horse.

Btw, I hope you re-evaluate how many mistakes a person is allowed to make before you accept it is a fail. I know hindsight is more accurate but reading the list of chances you gave her at the horses expense was frustrating as hell. She proved to you in the first couple of issues that she shouldn’t be trusted. For the horses sake, don’t give anyone this much leeway again.

[Highflyer]

Registration papers don’t necessarily equal proof of ownership. It’s not the barn owner’s responsibility to get legal proof of ownership before taking a boarder, or to get involved in an ownership dispute.

[enjoytheride]

I could understand a barn owner wanting better proof of ownership before releasing a horse as people can be crazy, but the proper owner does not need to sign a contract, convert the contract to her name, or anything else. If she indeed owns the horse legally then she can take the horse.

If the friend is lying about ownership then the police might need to be involved, but if the friend flat out told the barn owner she didn’t own the horse then the responsibility to finish the contract is between the lessor and the barn owner, not the horse owner.

[Highflyer]

Assuming the friend tells the barn owner that OP is the horse’s owner, and that the friend doesn’t owe back board, yes she should be able to just go and get the horse. If she owes back board, in some states the barn owner could potentially put a lien on the horse and the OP might have to pay it to get her horse back. But it sounds like the OP’s first step, if she hasn’t already done it, should be to tell friend she is coming to pick up her horse and friend needs to tell the BO that it’s ok for her to do so. If that doesn’t work, honestly, she should probably talk to a lawyer.

[stoicfish]

[QUOTE=Highflyer;8713115]
Registration papers don’t necessarily equal proof of ownership. It’s not the barn owner’s responsibility to get legal proof of ownership before taking a boarder, or to get involved in an ownership dispute.[/QUOTE]

Interesting.
I do not know the law where the OP is at. But here the BO should ask for a bill of sale/proof of ownership. If the friend could not supply this, and she is aware of the OP having ownership though the Mustang group, then I do not see why she would withhold the horse.
If I were the BO, I wouldn’t want to be in the middle of that mess. I would ask them to get the horse out of their asap. And preferably the one with the ownership papers.

[Weluvhaha]

It looks to me that you preserved the friendship at the expense of the horse and that was not fair to the horse. The barn owner is a complete idiot and your “friend” is manipulating you both. If what BO said were correct, we could all just assume ownership of a horse by writing our own names on a boarding contract. Just contact a lawyer and have him speak to the barn owner. Or show up and take your horse and let her try to stop you. And you should act quickly because it sounds like the BO would allow your friend to move the horse away and you could lose track of him. She might even sell him.

[ladyj79]

[QUOTE=Weluvhaha;8713491]
It looks to me that you preserved the friendship at the expense of the horse and that was not fair to the horse. The barn owner is a complete idiot and your “friend” is manipulating you both. If what BO said were correct, we could all just assume ownership of a horse by writing our own names on a boarding contract. Just contact a lawyer and have him speak to the barn owner. Or show up and take your horse and let her try to stop you. And you should act quickly because it sounds like the BO would allow your friend to move the horse away and you could lose track of him. She might even sell him.[/QUOTE]

Can you clarify why the barn owner is a complete idiot? How can a barn owner verify the actual owner or even the identity of the horse in question?

[Ruth0552]

The OP has stated she does not have a title to the horse yet so quite frankly she doesn’t own him either- the BLM still owns him.

Ask the barn owner if she would like the BLM to show up at her door to claim the horse, probably with animal control in tow. I bet she gives up the horse instead.

[vxf111]

Does the “friend” owe board? If not, I’m not understanding how the barn owner is involved. You had a lease with your friend. Unequivocally terminate it. Take your trailer, go get your horse. If the friend now has a problem with her barn owner because she didn’t give notice under the boarding contract, that’s the friend’s problem.

[ladyj79]

[QUOTE=Ruth0552;8713602]
The OP has stated she does not have a title to the horse yet so quite frankly she doesn’t own him either- the BLM still owns him.

Ask the barn owner if she would like the BLM to show up at her door to claim the horse, probably with animal control in tow. I bet she gives up the horse instead.[/QUOTE]

Actually with this mess and pair of geese if I’m the barn owner I probably would personally call the blm and ask them to come get the horse.

[Beethoven]

I think it would be pretty standard for a lessee to put the boarding contact in her name since that would make her financially responsible for the horse. I’m not sure why the BO thinks that make her the legal owner especially if she can not produce any papers that reveal that is true.

Just because I’m paying the electric bill on my house doesn’t mean I own it and my landlord doesn’t.

[twelvebelles]

Posts like this always amaze me. You know what went wrong and you know how to fix it, but you want (only kind) advice on the easiest way possible out of the mess that’s been made of this poor horse’s care. You’ve let the situation go on way too long, I assume because you we’re hoping your friend would see the light and you wouldn’t have to take the horse back. Notify the county sheriff or police (your ownership papers trump a boarding contract every day of the week, so quit fussing over that), pick up your horse and take him home, and don’t ever “lease” him out without a contract again.

[Highflyer]

[QUOTE=Beethoven;8713943]
I think it would be pretty standard for a lessee to put the boarding contact in her name since that would make her financially responsible for the horse. I’m not sure why the BO thinks that make her the legal owner especially if she can not produce any papers that reveal that is true.

Just because I’m paying the electric bill on my house doesn’t mean I own it and my landlord doesn’t.[/QUOTE]

But if the account was in your name and your landlord asked them to shut off the power, they wouldn’t do it without verifying that he owned the house first.

[Rikerkv6]

Similar situation happened with my horse last year. Kept losing weight, feet weren’t done, looked terrible. I tried to work with them to move horse to a new barn, but in the end, leasee was in denial there was a problem and I ended up taking the horse back. BO was not happy, but didn’t do anything, and I didn’t care as I felt she was doing a poor job of caring for him anyways.

My horse is now doing exceptionally, well, has regained the 200 lbs he lost, and is happy and healthy again. Best of luck to you OP in getting your horse back.