Western New York Equine Lawyer?

[fordtraktor]

I have been involved in a an animal control case, usually the sheriff/humane society has an arrangement with a foster-type facility (or several) for horses, and there is a daily rate charged. You do not get your horses back until you pay the fee owed if they are legally removed by the sheriff (or someone he authorized) to one of those places.

I know this because one of my horses was involved in a trailering accident en route to my farm, and she ended up at just such a facility when the trailer she was in was totalled. It was actually quite a nightmare getting her back, and I didn’t do anything wrong!

[Angela_Freda]

@Kr

You asked if she had 30 days…that’s more than 30 days

So

@Kr

May to end of August. That’s more than 30 days

Is when she was evicted til… The horses were removed
And some guy had 40 of them from August to October…
At which point, in August he took 17 to a sale looking poorly, and the remaining 23 were shipped… where?
To slaughter? Vanished?

[Angela_Freda]

Yes, that’s a legit, documented process… but no one has said that this “guy” who had her horses had them via an arrangement with law enforcement.

Frankly it sounds like someone stole them and held them for ransom, per the way Kr tells it.

[Kr]

So you are saying when you purchase property you also are now obligated for the upkeep of all animals the former tenant leaves behind bc she doesn’t want to move? Well NY should be a harbor for everyone who wants to throw their responsibilities off on someone else.

[Jealoushe]

That was similar to what happened with the ones in my area too. They all ended up going back to the lady though, sadly a lot of them died in the process. Including one that people were chasing on horseback trying to round them up in our town.

[fordtraktor]

Kr says that the new owner had permission from the court to take them to the new location and that a $20/day fee was owed per horse. That sounds reasonable enough.

[Angela_Freda]

@Kr

So you are saying when you purchase property you also are now obligated for the upkeep of all animals the former tenant leaves behind bc she doesn’t want to move? Well NY should be a harbor for everyone who wants to throw their responsibilities off on someone else.

Read up thread, people discussed the legal requirements for property left after eviction.
We’re discussing what the law is.
That’s all that should matter, what is legally required by the parties involved

[lenapesadie]

I’m wondering if the horse owner’s status as girlfriend of property owner that got foreclosed on is the difference between squatter and tenant per the laws in this case.

[Kr]

Law inforcement was present when horses were removed from property.

[fordtraktor]

Yes, I believe that is true. Claiming to be a “tenant” gets a few Pinnochios from me.

[Angela_Freda]

Well, what is the legal definition of tenant in NY, that’s what matters… Not opinions or Pinocchio’s

[Angela_Freda]

@Kr

Law inforcement was present when horses were removed from property

Meaning what?

[Kr]

I dont know their whereabouts. It is concerning

[Kr]

Proper paperwork was in hand to move the horses off the property

[fordtraktor]

Yes, and I explained yesterday that she already lost that in court or she wouldn’t be evicted in the 10 days instead of 90. This new fact explains WHY she lost that case. I am not my partner’s “tenant” legally. ASB Stars didn’t know that fact about the relationship, wonder what else she hasn’t been told.

[lenapesadie]

Well it’s true that opinions aren’t laws, but logically speaking of the girlfriend is living there with the boyfriend (the property owner) than it’s going to be hard to argue tenant.

[Angela_Freda]

@Kr

I dont know their whereabouts. It is concerning

So the “guy” who had them for months, who took 17 to a sale looking awful, and disposed of the other 23 somehow, seems less like a good Samaritan and more an opportunist.

Which puts this in a different light…

@Kr

You can go on her Facebook page where she posted a video where she goes on the property and screams and threatens the man who was caring for them.

[lenapesadie]

And where is @endlessclimb bet she’s going to jump up and down at this new plot twist

[Kr]

I was told he was authorized to pick up the horses and law enforcement was aware. She did try to file them as stolen and they refused to take her report.

[ASB_Stars]

@fordtraktor

I have been involved in a an animal control case, usually the sheriff/humane society has an arrangement with a foster-type facility (or several) for horses, and there is a daily rate charged. You do not get your horses back until you pay the fee owed if they are legally removed by the sheriff (or someone he authorized) to one of those places.

I know this because one of my horses was involved in a trailering accident en route to my farm, and she ended up at just such a facility when the trailer she was in was totalled. It was actually quite a nightmare getting her back, and I didn’t do anything wrong!

Well, that’s just awful. I haven’t seen anything that indicates that anyone had the legal right to move the horses to another facility. I am not saying that leaving them there was the right thing to do, but desperate times, etc. I understand the theory of needing to compensate an approved facility for care, but I haven’t seen anything showing that the removal was bona fide, let alone someone charging a board bill. Even if all of that is kosher, I have never seen a horseman’s lien play out that quickly. Let’s say the person who took possession of the horses takes them in late August. Thirty days for a bill Them, you have to advertise the thing and file it. Thirty more days. And the horses were sold 10.15.22? It just doesn’t add up.