The Chronicle of the Horse
MagazineNewsHorse SportsHorse CareCOTH StoreVoicesThe Chronicle UntackedDirectoriesMarketplaceDates & Results
 
Page 1 of 2 12 LastLast
Results 1 to 20 of 40
  1. #1
    Join Date
    Nov. 22, 2012
    Location
    BC, Canada
    Posts
    15

    Default HELP: Is anyone on here a lawyer? :/

    I need some advice.
    First off, I'm in Canada. I don't know how much the laws vary from the US and here.

    We found out a while back that there's a bunch of drama around Shylo.
    Names
    "D" - Lady who owned Shylo. She is from the UK. She got ill and had to go back to the UK for the healthcare.
    "K" - Lady who "D" entrusted Shylo to while she ("D") was gone. "D", at some point, told "K" to find a home for Shylo, specifically on a free-lease only. (Unless "D" decided she liked the leasor and gave Shylo to them)
    "B" - Lady I bought Shylo from.

    THIS IS ALL HEARSAY

    "K" Free-leased Shylo to "B". "D" says that "B" refused to have contact with her. "D" says she told "K" not to give papers to "B". "B" somehow got a hold of papers, and we aren't sure what happened but somehow "D"s signature was forged. We don't know who by, but "D" has confirmed that the signature on the papers are not hers.
    "B" sold Shylo to me on June 26th, 2012.
    I had a feeling something was up. Stories just didn't match up, so I did some research and found "D"s facebook page. Messaged her. A few weeks later, I got a message back. I called her.
    "D" said Shylo was never supposed to be sold. She was supposed to be given away after a test free-lease. However "D" said she tried contacting "B" multiple times, and "B" refused to talk to her. "D" then told "K" not to give "B" papers.
    "D" said she would sign Shylo over to me, and she just wanted to talk to "K" and, try to talk to, "B" and figure out what happened.

    Didn't hear from "D" for a few weeks, so we called again. "D" said she hadn't had time. She said I could use her saddle. Gave us more information about Shylo's past. "D" said she would email me the next morning.

    It's now been 2 or 3 weeks. I have sent 3 emails asking how she is, and giving updates on Shylo. Still no response.
    Now "K" has messaged me and wants to come see Shylo. I don't trust anyone involved in this right now, and I certainly don't want to show "K" where Shylo is, for fear of Shylo going missing in the middle of the night.

    My question is this:
    Since "D" Has been gone for so long, and I have been providing for Shylo for almost 5 months, would it be considered abandonment? Is Shylo legally mine? Can I refuse having "K" come see her?

    I just want this over with. I want my horse to be my horse, and I want to be able to relax and not worry about this entire thing.



  2. #2
    Join Date
    Feb. 9, 2011
    Location
    IE SoCal
    Posts
    1,108

    Default

    You need to talk to an actual lawyer in your area. There is no substitute for that.

    Do not take any action based on legal advice received from strangers on the internet.


    6 members found this post helpful.

  3. #3
    Join Date
    Nov. 22, 2012
    Location
    BC, Canada
    Posts
    15

    Default

    I won't be taking any action until I talk to some real lawyers, I just want to know if 1. there are any lawyers on here. and 2. what people think I should do.



  4. #4
    Join Date
    Feb. 28, 2001
    Posts
    15,232

    Default

    Quote Originally Posted by SuaveShylo View Post
    I won't be taking any action until I talk to some real lawyers, I just want to know if 1. there are any lawyers on here.
    yes there are several. I am one

    and 2. what people think I should do.
    My advice is for you to contact a Canadian attorney if you have a legal question.


    1 members found this post helpful.

  5. #5
    Join Date
    Nov. 22, 2012
    Location
    BC, Canada
    Posts
    15

    Default

    Quote Originally Posted by LMH View Post
    My advice is for you to contact a Canadian attorney if you have a legal question.
    What type would I contact? Like, what would the case be under? I've tried to talk to an online lawyer, just to get an idea, and there are so many options on what it's about, and none of them seem to fit. ><



  6. #6
    Join Date
    Sep. 5, 2005
    Location
    Mass.
    Posts
    6,752

    Default

    You need someone who has experience with Canadian "abandoned property" laws.
    I realize that I'm generalizing here, but as is often the case when I generalize, I don't care. ~ Dave Barry


    1 members found this post helpful.

  7. #7
    Join Date
    Mar. 24, 2012
    Posts
    2,564

    Default

    Your best bet is to consult someone experienced with equine law. A quick search finds some in BC- looks like you are from BC?.

    Don't discuss with any of the people involved until you consult a lawyer. Ask what a half hour or one hour consult would cost and start there.



  8. #8
    Join Date
    Jan. 30, 2010
    Location
    Alberta
    Posts
    5,149

    Default

    What about talking to the police about it?

    "I bought a horse that may technically be considered stolen, I have been in contact with the legal owner, and she says she is willing to sign her over to me, but the person who sold her won't give up the papers. To add to that, the person who the owner trusted to place her horse is now trying to come see her, but I am worried there is more to the story and that this horse may end up missing".

    Really, anytime you knowingly come into possession of stolen property you NEED to either contact a lawyer or the police, and by the sounds of it your horse is stolen property. Coming into possession of something stolen will not give you the right to keep it just because you have been paying to keep it.

    It sucks, but it is the right thing to do, and yes, you may loose the horse...because the seller had no right to sell her as they didn't OWN her.


    1 members found this post helpful.

  9. #9
    Join Date
    Nov. 22, 2012
    Location
    BC, Canada
    Posts
    15

    Default

    I have her papers. My name is on them. (Yes, she is registered). However "D"s signature was forged.

    "D" wanted to give the horse to a good home. She asked "K" to free lease her to someone, and it was a test to see if they were a good home. "B" free-leased her, got her hands on the papers, and someone (not sure if "K" or "B") forged "D"s signature.

    "D" has said numerous times that she will sign over to me, but nothing has happened.



  10. #10
    Join Date
    May. 11, 2009
    Location
    Dairyville USA
    Posts
    2,979

    Default

    Quote Originally Posted by SuaveShylo View Post
    I need some advice.
    First off, I'm in Canada. I don't know how much the laws vary from the US and here.

    We found out a while back that there's a bunch of drama around Shylo.
    Names
    "D" - Lady who owned Shylo. She is from the UK. She got ill and had to go back to the UK for the healthcare.
    "K" - Lady who "D" entrusted Shylo to while she ("D") was gone. "D", at some point, told "K" to find a home for Shylo, specifically on a free-lease only. (Unless "D" decided she liked the leasor and gave Shylo to them)
    "B" - Lady I bought Shylo from.

    THIS IS ALL HEARSAY

    "K" Free-leased Shylo to "B". "D" says that "B" refused to have contact with her. "D" says she told "K" not to give papers to "B". "B" somehow got a hold of papers, and we aren't sure what happened but somehow "D"s signature was forged. We don't know who by, but "D" has confirmed that the signature on the papers are not hers.
    "B" sold Shylo to me on June 26th, 2012.
    I had a feeling something was up. Stories just didn't match up, so I did some research and found "D"s facebook page. Messaged her. A few weeks later, I got a message back. I called her.
    "D" said Shylo was never supposed to be sold. She was supposed to be given away after a test free-lease. However "D" said she tried contacting "B" multiple times, and "B" refused to talk to her. "D" then told "K" not to give "B" papers.
    "D" said she would sign Shylo over to me, and she just wanted to talk to "K" and, try to talk to, "B" and figure out what happened.

    Didn't hear from "D" for a few weeks, so we called again. "D" said she hadn't had time. She said I could use her saddle. Gave us more information about Shylo's past. "D" said she would email me the next morning.

    It's now been 2 or 3 weeks. I have sent 3 emails asking how she is, and giving updates on Shylo. Still no response.
    Now "K" has messaged me and wants to come see Shylo. I don't trust anyone involved in this right now, and I certainly don't want to show "K" where Shylo is, for fear of Shylo going missing in the middle of the night.

    My question is this:
    Since "D" Has been gone for so long, and I have been providing for Shylo for almost 5 months, would it be considered abandonment? Is Shylo legally mine? Can I refuse having "K" come see her?

    I just want this over with. I want my horse to be my horse, and I want to be able to relax and not worry about this entire thing.
    Just for posterity
    Michael: Seems the people who burned me want me for a job.
    Sam: A job? Does it pay?
    Michael: Nah, it's more of a "we'll kill you if you don't do it" type of thing.
    Sam: Oh. I've never liked those.


    2 members found this post helpful.

  11. #11
    Join Date
    Mar. 6, 2003
    Location
    Northern Illinois
    Posts
    2,980

    Default

    Yes, there are lots of lawyers on here, but none of them are going to give you legal advice. You're going to have to hire someone local to deal with this.


    3 members found this post helpful.

  12. #12
    Join Date
    Jan. 30, 2010
    Location
    Alberta
    Posts
    5,149

    Default

    It doesn't matter if you have the papers if you didn't get them signed over to you from the legal seller. You are in possession of property that was unlawfully sold and you need to contact law enforcement or a lawyer.

    When you first got the horse you WERE innocent, and thought you were legally buying a horse. Now that you know otherwise you can no longer plead that same innocence.

    Consider it also possible that "D" is staying on your good side so her horse doesn't go "poof" again. It is what people here on COTH would advise someone to do if their horse was unlawfully sold and they were out of the country.

    You are in possession of stolen property. Do the right thing. Report it and be prepared to return to the legal owner.

    Quote Originally Posted by SuaveShylo View Post
    I have her papers. My name is on them. (Yes, she is registered). However "D"s signature was forged.

    "D" wanted to give the horse to a good home. She asked "K" to free lease her to someone, and it was a test to see if they were a good home. "B" free-leased her, got her hands on the papers, and someone (not sure if "K" or "B") forged "D"s signature.

    "D" has said numerous times that she will sign over to me, but nothing has happened.



  13. #13
    Join Date
    Sep. 7, 2009
    Location
    Lexington, KY
    Posts
    25,060

    Default

    I sense a trainwreck...could be wrong....
    Join the Clinton 2016 campaign...Hillary For America. https://www.hillaryclinton.com/



  14. #14
    Join Date
    Nov. 22, 2012
    Location
    BC, Canada
    Posts
    15

    Default

    I'm awaiting a phone call from my Aunt, who is a lawyer. She's going to try and find someone who can help.



  15. #15
    Join Date
    Nov. 22, 2012
    Location
    BC, Canada
    Posts
    15

    Default

    Quote Originally Posted by CHT View Post
    It doesn't matter if you have the papers if you didn't get them signed over to you from the legal seller. You are in possession of property that was unlawfully sold and you need to contact law enforcement or a lawyer.

    When you first got the horse you WERE innocent, and thought you were legally buying a horse. Now that you know otherwise you can no longer plead that same innocence.

    Consider it also possible that "D" is staying on your good side so her horse doesn't go "poof" again. It is what people here on COTH would advise someone to do if their horse was unlawfully sold and they were out of the country.

    You are in possession of stolen property. Do the right thing. Report it and be prepared to return to the legal owner.
    She's in the UK and has already said she cant afford to get her back and just wants a good home for her.



  16. #16
    Join Date
    Mar. 24, 2012
    Posts
    2,564

    Default

    You are in possession of property that was unlawfully sold and you need to contact law enforcement or a lawyer.

    When you first got the horse you WERE innocent, and thought you were legally buying a horse. Now that you know otherwise you can no longer plead that same innocence.

    No. She is not necessarilly in possession of stolen property just because someone said so. Too many possibilities. Please get legal advice.



  17. #17
    Join Date
    Nov. 22, 2012
    Location
    BC, Canada
    Posts
    15

    Default

    As I stated, I will be getting legal advice. Mum's not very happy that she has to help with all of this (I'm 5 months from turning 18, so mum has to do everything until then since she signed the bill of sale and such), but she understands.


    1 members found this post helpful.

  18. #18
    Join Date
    Mar. 31, 2011
    Posts
    49

    Default

    Im a lawyer but um I'm a marine finance lawyer qualified in the UK so I cant give you advice but I know from my law exams many yrs ago that in the UK there is similar case law about cars where documents were forged on title and people purchased them without knowing they were stolen - while they were "buyers in good faith" so not guilty of wrong doing they ultimately were held not to own the car and it was returned to its original owner and then they had to try and go after the seller for return of funds (not easy if that person has no money or is in jail)... whether this would apply in your situation I have no idea but there is certainly a possibility you do not own the horse so I would get legal advice asap. The best solution for you would be if the original owner officially signs him over.



  19. #19
    Join Date
    Sep. 9, 2003
    Location
    BC, Canada
    Posts
    1,116

    Default

    PM Blugal;
    she's a lawyer in BC. If she can't help, I'm sure she'd steer you towards someone who can.


    2 members found this post helpful.

  20. #20
    Join Date
    Nov. 22, 2012
    Location
    BC, Canada
    Posts
    15

    Default

    Messaged her! Thank-you Fanfayre!


    1 members found this post helpful.

Similar Threads

  1. looking for a lawyer
    By springer in forum Off Course
    Replies: 5
    Last Post: Jul. 22, 2011, 07:03 PM
  2. Lawyer types...help please?
    By happyhorsegirl in forum Around The Farm
    Replies: 19
    Last Post: Oct. 12, 2010, 04:26 PM
  3. Equine lawyer?
    By Molly Malone in forum Sport Horse Breeding
    Replies: 3
    Last Post: Mar. 20, 2010, 12:28 PM
  4. Need a lawyer
    By moneypit in forum Off Course
    Replies: 5
    Last Post: Dec. 15, 2009, 10:53 AM
  5. RIP Lawyer Ron
    By TouchstoneAcres in forum Racing
    Replies: 1
    Last Post: Jul. 13, 2009, 05:37 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •