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Opinions on buying leased pony

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  • Original Poster

    #21
    Thanks all. MVP, I think you nailed it. I love the little sucker. They don't. So they have the advantage there.
    The main reason I leased him was because they weren't really paying good anyway.
    I would never think that a normal lease would entitle someone to the horse for free. In this case, I was doing them a favor by initiating the lease, then in the last couple of years he has been making money for me.
    www.ncsporthorse.com

    Comment


    • #22
      Originally posted by sketcher View Post
      Wow. What world do you live in? It never amazes me the sense of entitlement horse people are capable of displaying.

      The horse was a free lease. She does not own it. She was under no obligation to lease it, if the owners weren't paying then she could have kicked them out but she didn't because apparently it was an arrangement that worked for her at the time. While it would be a nice gesture if the people just handed over the pony, you can not blame them for deciding to sell it if it has any value.
      a) you are a little rude
      b) I love how everyone assumes that our OP had the pony on free lease. If there was no contract, it was not really a free lease. LEASING involves a written contract of some kind. Technically, the poor pony was abandoned.

      And actually, I read about that ON THIS WEBSITE. It was a thread a few years ago about a legal battle over a horse and someone posted that they had leased a horse, had a one year contract, which ran out, continued paying for and using the horse for an additional 3 years, never heard from the owners, and a judge ruled that she owned the horse. Hence the question, if she had a contract.

      It amazes me that people free lease out their horses with no contract and no contact for 5 years and seem to feel they still own the horse! At some point, the horse is considered abandoned. If you free lease out your horse, check up on it.

      Comment


      • #23
        Originally posted by Ruth0552 View Post
        a) you are a little rude
        b) I love how everyone assumes that our OP had the pony on free lease. If there was no contract, it was not really a free lease. LEASING involves a written contract of some kind. Technically, the poor pony was abandoned.

        And actually, I read about that ON THIS WEBSITE. It was a thread a few years ago about a legal battle over a horse and someone posted that they had leased a horse, had a one year contract, which ran out, continued paying for and using the horse for an additional 3 years, never heard from the owners, and a judge ruled that she owned the horse. Hence the question, if she had a contract.

        It amazes me that people free lease out their horses with no contract and no contact for 5 years and seem to feel they still own the horse! At some point, the horse is considered abandoned. If you free lease out your horse, check up on it.
        You're reasoning is a little skewed.

        Comment


        • #24
          It probably would be considered abandoned.. if she didn't want to keep leasing said horse, and contacted owners to give it back/ have them resume paying. It's like renting a house. A lot of owners, after the first 1 year (or 2 year etc) lease, go month to month.. but, that doesn't mean that after 25 years of renting by 1 person, that that person owns it. it means they are free to terminate whenever they'd like by letting the other person know.

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          • #25
            How's your relationship with the owner, besides being a little distant? What kind of people were they when they were involved and paying? Were they interested in teaching their kid to cherish and do right by the pony?

            If they were nice people at one point, approach them as if they still are and offer to *help* them to the right sale. This means you start as if everything is even right now and only bring up their abandonment, your taking up the slack if they don't see leaving the pony with you as the obvious win-win that it is.

            Because the economy is in the toilet, lesson programs are cutting back and horses still cost what they cost to feed regardless of all that, this pony might take some time to sell. They still might have to wonder what will become of a pony in his very late teens as he becomes even less useful to anyone.

            It sounds like they are suddenly attempting to clean out their garage/life and got to the "extra pony" on that list. You can perhaps offer an quick, easy, cheap and "happily ever after" solution in that they don't have to worry about what will become of their kid's pony when he gets really old. I think that's worth something, especially to people who are in the house-cleaning frame of mind.

            Or the other way to go about it is to help them see that just as the pony made their kid happy for a while, he's still doing that at your barn. Let them be the heroes who decide to give more kids some joy in a way that's really easy for them.
            The armchair saddler
            Politically Pro-Cat

            Comment

            • Original Poster

              #26
              They definitely loved him at one point. They should have "loved" him enough to sell him to a good home when he was younger.
              The money I spend to buy him could go in his retirement fund instead. I Never. Sell. Anything. All my retirees live here or close by. Hence, the reason I have no money to buy him, retire myself, go to Europe.....
              I think that is a good approach. I can keep him and give him a forever home, or else how do they want to approach selling him?
              Sigh. I do not need any problems.
              thanks all.
              www.ncsporthorse.com

              Comment


              • #27
                Originally posted by Ruth0552 View Post
                If you can own a piece of your neighbors land by mowing the lawn and taking care of it for so many years, why wouldn't that apply to a horse/pet?
                In what jurisdiction is this the rule on adverse possession? And in what jurisdiction does it apply to chattel?
                ~Veronica
                "The Son Dee Times" "Sustained" "Somerset" "Franklin Square"
                http://photobucket.com/albums/y192/vxf111/

                Comment


                • #28
                  I think the best plan is to tell them you would work out a long term free lease for the horse, and that in the event that health issues arise that he should be put down you will do that, or they can try to sell him, give them a fair market value for what you think he might be worth (IDK--$1000-$1500) and let them mull it over. My guess is that they would rather he be with you then send him off into the unknown.

                  Comment


                  • #29
                    Isn't the case that if a BO takes on an "abandoned" horse that has a big back board bill, the BO can claim ownership? I am not sure this applies here, but it might be worth looking into. My BO got one of her school horses that way and it looks like she may be on her way to getting another.
                    You have to have experiences to gain experience.

                    1998 Morgan mare Mythic Feronia "More Valley Girl Than Girl Scout!"

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