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Old 01-05-2007, 09:17 AM  
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Laws for 'abandoned' horses? Help

I'm inquiring for a friend who finds herself with a horse on her property that the owners have not come out to care for, paid for anything, or moved horse out when asked. Owner is a co worker of "Jane's" and Jane let horse move in with the understanding that owners would bring their own hay. Owners dropped off 30 bales in early Nov and haven't been back since. Horse has been at Jane's since Sept. 06.

This is what I know...
-horse is hot and hard to deal with, Jane does not want horse
-Jane did not get an agreement in writing
-owners have paid no board or even offered financially to help other that the initial 30 bales of hay.
-owners do not show up to care for horse or help Jane in any way.
-Jane has asked owners to remove horse in late Dec as cost and work load were too much.
-Owners claim they are trying to sell horse. $2500 for a too hot Arab gelding, not handled 5yr old in Dec in NW Ont Canada is toooo much. Won't sell anytime soon.
-Horse has a nasty case of scratches owner hasn't been out to deal with since horse showed up at Jane's in Sept.
-I know there are laws about this kind of thing. Is this considered abandonment?

Please offer any advice as Jane needs to have this horse gone from her property ASAP. How long does one have to wait before is is called an abandonment situation?
We are in Ont Canada, but any advice would be great.

I have advised her to draft a letter, register it, and have it outline what needs to happen(removal of horse) by a specified time or horse will become property of Jane and will be dealt with as she see fit.

I hope this was good advice for her to start with. Please advise!!
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Old 01-05-2007, 09:37 AM  
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Sounds like very good advice to me. Have her keep a copy of the letter, also. I have no idea what Canadian Law says, but maybe try calling humane societies and asking them. Or if there is a horse rescue anywhere near, they might know. I know there are several in Ontario, but I don't know where.
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Old 01-05-2007, 10:01 AM  
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This happened to me years ago when a boarder just wouldn't pay. As I remember, I had to send a registered letter that stated the money they owed for board and or training and gave them a time frame when they had to settle up and move. I then had to post the info in the local paper. Then at the end of the time frame I could sell this horse for a fair price and only claim what was owed to me. The horse I had was a grade horse so I had to act fast. I sold the the horse and collected all my money.

I think the advice to contact the local humane society is good too because they may be able to get the horses removed quicker and it alerts them to a problem which your friend might have to have help with later. Document everything , phone calls, conversations and copy all paperwork.
Take pictures.
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Old 01-05-2007, 10:14 AM  
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Definitely send a certified letter to the owners. That way, it is in writing.
My boarding contract has a sixty day clause, which states that if owners have not paid board and the horse is not removed, the horse becomes my property after that time period. It really pays to have a contract - sounds like these people just wanted to unload an unruly horse and stick it to your friend! I hate horse owners like that!
Can the owners show your friend proof of trying to sell the horse - i.e., copy of ad, etc?
Hopefully, the local humane agency can offer more answers, or better yet - maybe an attorney can!
Good luckyour friend!
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Old 01-05-2007, 10:27 AM  
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First I would send the certified letter stating what has transpired about her asking them to remove the horse and inside this letter state how the horse has not been taken care of by them and that she does not want the horse or the horse on her property.
Give a time that the horse must be removed or the appropirate authorites will be notifed and horse removed. Let them know that board is being charged since the date that they were asked to remove the horse. Figure up an reasonable board amount and put it in the letter.

If the horse is not removed by the time allowed, then contact your local Animal Control. Show them a copy of the letter sent and the signed receipt from the certified letter.
As well, contact your local Sheriffs office and give them a heads up as to what is going on and your plans. Do not leave them out.
The Sheriffs office works with local Animal Control in confiscating large animal's. Our's does so that it is all legal and proven that the animal was abandon.

You can go ahead and contact animal control and let them know as well as whats going on and what your plans are to get the horse removed.
Take the steps to protect you.

I work with ours and have to take the proper channels.

Trying to sell the horse should have no bearings on her wanting the horse removed due to lack or responsiblity on the horse owners part.

Good luck.
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Old 01-05-2007, 10:32 AM  
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I would call the RCMP and tell them to come get him-he is abandoned.
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Old 01-05-2007, 10:58 AM  
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The laws for this kind of thing are different for every province in Canada. Doing a quick google search, I found this for Ontario.

http://www.canlii.org/on/laws/sta/i-...718/whole.html

Basically what she is going to have to do is file a lien against the horse, then if they don't pay within a certain amount of time (it says two weeks in this article), she can sell the horse at public auction. She has to advertise in a local paper (or if no local paper, the closest paper nearest where she lives) giving 2 weeks notice of sale.

This really doesn't address the abandonment issue though. Before she does anything, I would suggest she talk to a lawyer.

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Old 01-05-2007, 07:24 PM  
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Thanks so much everybody! I'll be seeing my friend tomorrow and will pass on all the advice. She actually works in the same office as the horse owner so I think she is afraid of a blow up that will also effect her workplace relationship with this person. The owner did advertise the horse for sale, I seen the add in the local paper, but it was a pathetic effort on the owners part. Apperently only visit by owner since Sept was to bring a prospective buyer out. Horse promptly kicked owner and prospective buyers ran!

My friend is at the point where she knows she'll never see any money out of the whole situation, she just wants the horse gone.

Thanks again, and I'll keep ya posted!
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Old 01-05-2007, 08:30 PM  
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Yes she will not see a dime probably. That is why I would cut my losses and just call the law on her.
No good deed goes unpunished.
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Old 01-06-2007, 06:27 PM  
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Visited with my friend today. She works with the horse owner and tells her EVERY DAY at work (my friend is too nice) to remove the horse.
My friend said to thank everybody for the info.

Owner claims she has someone coming next week for the horse. Friend is going the give her the week, and if nothing happens she is now drafting her official letter and now has some legal documents and info to quote in it. She will present it to owner next week if this horse is not gone. Friend also now has names and #'s of a couple of places that will come and remove the horse if owner doesn't.

She is way to nice, but she is learning she has to get real tough, and is willing to just cut her losses and call it a hard lesson learned.

Thanks again
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Old 01-16-2007, 04:01 PM  
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--UPDATE--

Thanks again for everyones help. My friend was successful in having the owner move the horse this past weekend. Horse owner even squared up $$$$ with my friend.

Peace has returned to her life..
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Old 01-16-2007, 04:11 PM  
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I am glad the problem is solved without more problems being created. It sounded like a very bad situation not only personal but professional as well. Good luck and tell your friend good job.
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