4/28/2011

If I've cared for a horse for 6 months with no contact from the owner, is the horse considered mine/abandoned?

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If I've cared for a horse for 6 months with no contact from the owner, is the horse considered mine/abandoned?This past summer a friend of mine took over management of an equestrian center. The owner of the property was being foreclosed on plus his marriage was falling apart and he was dealing with some serious health issues. My friend cleaned up the barn and has been in charge of leasing. I developed a connection with one of the owner's horses - a 23 yr old Egyptian Arab gelding named "Sigh." He hadn't had his hooves trimmed in over two years, his coat, mane and tail were in awful condition and he had a tendency to colic on a regular basis. I offered to move Sigh closer to where I lived and take charge of his feed and care (at my expense). This was Aug 31. At the time the owner offered to sell Sigh to me for $ 2,000 and said he'd "take payments." I did some research in the local horse community and found out that because of Sigh's age and the fact that he is gelded, in this economy especially, he is a "give away" horse. He probably has 7 or so good years left. Since I've had him, he's put on weight, I've made progress with his feet and he didn't colic once this winter - or have any problems with his arthritis. The owner had originally told me I could take any of Sigh's supplements and/or tack from his barn. I had planned on taking some things but when I went to get them (for example Sigh's winter blanket) I was told by someone renting at the barn that the owner had sold all of Sigh's things to them. By this time the owner was out of state in court mandated rehab for serious and repeated alcohol problems. His soon to be ex-wife has been emptying out his bank account, selling anything not nailed down and basically trying to get him committed in the "loony bin." So, since Aug I've cared for Sigh and had basically zero contact from the owner except for one text message asking "think you could get me some money?" I responded by explaining that Sigh really wasn't worth the $ 2,000 the owner had quoted me and that I was happy to continue caring for him until the owner was more stable or until we agreed upon a more acceptable price (like free!) I had no response.
About a month ago my boyfriend found out he's going to have some really serious surgeries coming up and we are having to leave Hood River (small farming town) and head to Portland. Unfortunately there is no way I can give Sigh the care he deserves during his "golden years" in the city. I found a wonderful woman who wants to adopt him. She is retired, has plenty of resources and is really excited to have Sigh be her "pasture pet", therapy horse & companion. I've sent 3 emails to the "owner's" attorney asking to have him email me and I've had no response. As I understand it, at this point Sigh is mine due to abandonment by the owner. I've found a wonderful new home for him (I'm NOT selling him, there is no financial benefit to me!) and I'm trying to figure out what steps I should take to make sure I cover my butt, as it were, before I hand Sigh over to his new mama. She is aware of all the issues with Sigh's former owner, etc. - I've been totally upfront with her.
Any advice anybody has would be sooo appreciated! I cannot in good conscience return him to the former owner's property - his estranged wife is NOT a horsewoman and I know he'll go right back to being neglected to the point of abuse. I need help from my fellow horse-people!
Thank you!

-CrazyHorseLady
You would need to contact animal control and tell them your story and I am pretty sure if you can prove everything that you said you can consider the horse yours.

-Ron Sr
Legally you do not own the horse, the former owner has all legal rights to the horse, you can however file court papers asking for full ownership of the horse and have the owner sign them, he will probably still want to be paid and then you can file abandonment papers on him.

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