How long can you keep something before it becomes your property?

Question

Back in November (Of 2005), a good friend left her Quarter/Arabian horse at my home to board. She has not contacted us since. I know posession is 9/10ths of the law, but is there a law that her horse can legally stay at my home (With no contact at all, or money from her, I have not even recieved a letter or a phone call) before it becomes my property and no longer hers? I have tried to contact her to no avail. I get either her answering machine or she answers and asks me to call her back at another time, because she is busy. When I do, I get the same two responses. So, really now. Is there a law that her horse can legally become mine without me purchasing it? She's basically abanoned him here. I give him the love and affection he needs

Her and I did not sign a written paper contract on the boarding of the horse. I had two other horses from her in the past, recived one as a gift (And payment for working for her). When I was working for her, the horse in question was born, and I assisted in raising him from a foal. I do not plan on selling him (Ever, even if he does become mine).

Answer 1

In this case i would contact your local spca chapter. Normally you can place alien on property left in your possession for more than six months, however, this varies from state to state. Also some states treat livestock and pets differently. Since horses are not considered cheap pets or livestock I would contact the SPCA and get their advice before attempting any further contact with your "friend" or before starting anything that could be interpreted as an attempt to take possession of the horse.

It sounds like you definitely deserve to keep this horse more than the "rightful owner". All animals need love and affection as much if not mare than we humans do. Good luck and fun riding.

Answer 2

After reading your contents and answer's your received thereof. I hope the best way to finalise the matter by conveying your friend who is no mood to contact you or either not replying to you regarding horse, you can just call up and say the Horse is not keeping well and is been hospitalised, secondly after 5 days later again call up and say the horse is serious and after 9 days call up and say the Horse is no more,..... she may try to contact you or come down personally and if at all she comes to meet you you can tell the whole mess, since you are in a quandary and you have to have the Horse and in this case too if she does not show up even after hearing that the "HORSE IS NO MORE' , then you can take legal help in adoption of the Horse and various other authorities and SPCA. Regards.

Answer 3

Well....... This is up the the discrepancy of the judge. Usually if its been more than six months a judge will allow ownership of it if you can prove you have been taking care of the horse. It is considered yours beyond a reasonable doubt unless she files a suit against you for the horse to be given back. I would go and file with the court system for ownership of the horse due to abandonment this way you stay one step above the law so she cannot just show up one fine day and try and take it back with a Sheriff in tow, which she can do if she can prove the horse is hers!

Answer 4

Seven months is a long time to be burdened with the effort and cost to maintain a horse. Did you have a contract with her? Or, any reasonable agreement? When was she supposed to come for the horse? who was supposed to pay for the horses feed? It is likely that, if she has ignored your calls, and is overdue picking up the horse, and ignored providing funds to care for the animal, the animal's disposal is up to you. You may sell it to recoup boarding costs or takeover ownership. What is the value of the horse? If any recovery attempt is going to be made by her in Small claims court, hold the horse and force her to take that action. Countersue her for cost of care, food and boarding. The Spca will not get involved in your civil dispute situation unless the animal is being abused. Forget them! PS Make sure you have clear evidence that you have attempted to return the horse. Record all phone call times. And send her a couple of dated letters (registered mail) and keep copies. You have a loose deal with her but you should prevail in court, if she has resisted your attempts to have her take back possession of her horse.

Answer 5

she has a bill of sale you do not so her horse. when a garage has a car sitting in the lot with an unpaid bill they put a garage lien against it. I believe that you can not but you can sue her for feed and board and attach the horse to sell remember to include you legal costs cause there will be some.

Answer 6

I would say that the horse is yours.
There is no written and/or signed agreement between the t wo of you, she has abandoned the horse...
I don't see where there would be any argument.
I would advise you to leave a message on her service of your intentions. If she has a problem with it, she will take time out of her 'busy schedule' to make arrangements!

Answer 7

Poor horse!!!
Definitely, you need to contact a local lawyer.
Usually this is something that ends up in small claims court.
(Think Judge Judy)

Good luck, just don't let that horsie suffer!
(Sounds like you're the better "mother" here)

Answer 8

A small piece of good advice

Do not heed the silly advice of Jayprakash's posting. As well as a highly unethical tactic, it would probably land you in criminal prosecution hot water.

Answer 9

u should sell the horse

Answer 10

You should contact the APSCA and see if they can help you to resolve this matter.