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Stableman's lien, or?

“Hypothetical situation”…

Horse at the barn has gotten more and more dangerous and explosive, becoming impossible to handle and going through a gate (as in, snapping it in two). Barn staff are unable to handle the horse, and at this point have been instructed not to due to liability.

Barn owner informed the horse owner several weeks ago that the horse has to be off the property by January 31st 9pm. Due to conflict and threats of violence from the horse owner to the barn owner, the horse owner is not welcome on the property after this same date and time.

Spidey senses are tingling that the horse owner is going to abandon this horse at the barn. She has been trying to sell her with no luck, and has already moved her reliable gelding to another farm (location not disclosed).

With the horse being dangerous to handle, is there any more rapid way than the traditional stableman’s lien to get this horse gone? Barn owner does not care if he recoups the cost of board or the costs of property damage - he just wants to wash his hands of the whole thing. You can’t even get a halter on her without significant risk.

Thoughts?

If you think abandonment is likely…and horse is dangerous… get ownership signed over and PTS.
Done.

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I agree with the above. Simply ask the owner to sign the horse over.

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If HO has already acted combatively to BO, what would make her do this?
Can AC do anything to remove the horse?
If it was a dangerous dog they’d step in.
If it is genuinely a danger for anyone to handle maybe this could be a way to get it out of the barn.

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Never hurts to ask, was my thought. It seems like the HO does not want the horse if they are going to leave it there.

Can not go more sideways than it already is.

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If it happens, would animal control be of any help? You can’t just abandon your dangerous animal on someone else’s property.

If it were a snarling dog someone left tied to a tree in your yard, you’d call the dog catcher to come and get it.

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This is a good idea.

@trubandloki, @Obsidian_Fire I don’t think she would be willing to do that out of spite, but you never know. Worth an ask.

But you can! And people do. A horse is livestock so different laws than dogs and cats.

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People can and do abandon dangerous and safe animals all the time.

But HO has not abandoned the animal yet if I read this correctly? And shes current in board? Don’t think BO can use a stableman’s lien if they think she might abandon it and stop paying. If she does do that, each state has specific steps that must be followed.

Believe BO can evict her now for cause if the horse is dangerous however think this is one of those situations where a lawyers help is actually needed sooner rather then later. HO will have a point if she claims she could not go on the property to remove horse because of the order. Could get more complicated then it needs to be without legal guidence.

Is there anyone at the barn she likes? Maybe that person could ask for the horse for themselves until she’s gone, then euth.

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She’s current in board, but has not paid anything towards the severe property damage her horse caused by going through a custom-built wood gate.

I think she’s made enemies of everyone at this point - there may be some people apathetic to her presence but she does not have anyone she’s close with.

Has BO sent her an itemized bill for the gate? Did HO receive it? Best thing BO can do now, besides calling a lawyer, is be sure everything is in writing to protect themselves. Pictures of damage would be helpful as well as specific dates and times and proof of all communication.

People like this HO tend to sue over all manner of things, bet this HO has been acting like this for a very long time and has lots of practice. PITA.

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She would need to sign over horse plus cover cost for euthanasia imho. Horse is dangerous and unless BO wants to train horse and sell disclosing behavior, euthanasia is the best option.

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BO is an old-school guy who has a bad habit of believing someone’s word means something. To some, it does. To other, it does not.

Yesterday I proofread something he sent to her to inform her that any property access after the end of the month will be considered trespass. The gate - again, BO is old school. There were multiple witnesses to him explaining in detail, down to the day of work he had to take off to get it fixed, the cost breakdown for the gate. The horse owner then implied that he wouldn’t bill her at all if she wasn’t of a particular race, which is a ridiculous accusation and just shows how the horse owner thinks.

The whole situation has gotten really ugly. I’m hoping for a smooth transition out, but I’m going to bring all my tack home for a week or two just in case.

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Unless her Board Contract (please say she has one) addresses damage, BO may be up a creek trying to collect for the gate.

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Got a canoe?

Ugh.

Again though, he does not care about the gate $$. It was more the principle after she was walking around laughing about it. She has broken another boarder’s pick, as well as several brooms too.

He really just wants her gone, and her horse too.

Endlessclimb, does the BO have farm insurance? They might have some ideas if they want to limit liability (or that might be opening a can of worms). I thing he should consult with an attorney. I know it’ll cost a few bucks, but better than losing his whole farm or someone’s life to an unruly horse.

If you saw the movie Buck, you know that even Buck Branniman was faced with a horse he couldn’t fix, not that anyone is volunteering for that with his horse.

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BO may take people at their word but the court will not and can not. The law requires proof to avoid the he said she said scenario this is sure to end up in.

OP…if you board there, you need a written contract. Assuming you don’t can bite you bad if/when anything changes and they will inevitably change.

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For the cost of a few more broken gates or workers’ comp claim from an injured employee, the BO should just buy the horse as a “training project”. Offer $500. If needed as a negotiating tool, have a ‘concession’ in your back pocket that the former owner will get xx% of resale price if horse can be sold within 12 mos, or whatever. Ensure there’s a bill of sale where title passes to BO. Then euthanize.

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