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  Discussion on Agisters lien
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Posted on Wednesday, Dec 8, 1999 - 12:29 am:

help! I board my horses and a few months ago the landlady said my horses kicked her barn and dented it. Now she won't let me take the horses off the property unless I give her $250. She also took my saddles. Is this legal?? I pay my rent on time and I do lots of extra things like feed water her horses and take care of her bratty kids. Need advice quick!

Posted on Wednesday, Dec 8, 1999 - 1:13 pm:

Jackie,
Where are you? Your specs did not give that away, but I am assuming you are in the UK or Oz by using the word "Agister". I would find out what the limits of the law are there. This seems a little excessive. Horses kick...big deal (a hazard of horse ownership). Unless your horse completely demolished something, how does she know it was your animal? I don't know that she has the rights to your saddles. How do you ride? I also suggest that in the future you don't help her out with anything.
Carol

Posted on Wednesday, Dec 8, 1999 - 7:10 pm:

Ummm well it is upto what ever the agistment contract you signed says.

Usually it only applies to the horse.

Most agistment properties are there to make money so any repairs should be at their expense as they are the ones running the business and it is up to them to make sure your horse can not do damage to the property or itself.

If you purposefully punched a hole in the way then yes you are responsible for repairs, but horses will be horse and they have to accept that.

So unless your contract states that you are responsible for your horses damage and they would have to prove it was your horse not one of their own, it is going to be a messy situation.

I seriously doubt that any agistment contract has the right of lien over your tack, the horse is the only thing that is normally listed under the right of lien. If she takes anything else of you other than that which she has a lien against it is theft.

Posted on Wednesday, Dec 8, 1999 - 10:24 pm:

I am in Illinios. I have decided to pay for the panels but to sue in small claims instead. She is crazy and I fear for my horses safety as she has been known to shoot pellet guns at her horse for misbehaving. thanks for the advice.

Posted on Thursday, Dec 9, 1999 - 3:30 pm:

Oh My, Jackie, Is there ANY way to move your horse? I'd be a nervous wreck. How do you know what she's doing to your horse when you're not around? GOOD LUCK!!

Posted on Thursday, Dec 9, 1999 - 10:01 pm:

I am moving them this weekend. I know she hasn't messed with them because when you are on good terms with her she is ok. But they are so money hungry!! 3 days after I got there (in July) her husband was worried about how much electricity I would use. Duh..it's summer..I don't even need a light bulb! That is what I have put up with. But I signed on my farm tonite and I am out of there!!

Posted on Saturday, Jan 8, 2000 - 10:20 pm:

Just an update that I have my horses home. This crazy woman put a lock on her gate and would not let me in to my horses unless I gave her $300. This was after she apologized for yelling at me and begging me to stay. She accused me of stealing her tank heaters and said I was to get out in 1 day. I told her I had to finish my fence and would be out in 2. When I went to remove my horses her husband came out and said I had to leave $200 worth of hay too. I had a sheriff there with me and he told me to just get my things and horses and go and to get a lawyer to get my hay. So I left and the next day they called and said they found the heaters and I could have the hay and $100 back. No apology or anything. I am seriously considering sueing because she still has $200 and $54 of board money.
And she is to blame for foundering my pony ($1000 in vet bills so far)but it may be best to put it behind me. I just hope no one else has to go thru these things where they board. I suggest a mutual contract to everyone who is going to board horses or be the boardee. It would have saved me alot of grief.

Posted on Sunday, Jan 9, 2000 - 1:35 am:

Jackie....Think I woulda showed up with lotsa friends,bolt cutters,a few dollars to pay for cut locks,and some horse whips for the "boarders". Would not have allowed ANYONE to keep me from my boys!!!
Glad you got your ponies safe!!!!

Posted on Sunday, Jan 9, 2000 - 7:16 pm:

Jackie I think you are lucky to get out of it that easily, some of those things can get messy.

As for the Founder you theoretically should be able to get you money out of them. But I think the cost will be way too high. If you can prove it was their negligence which should not be hard then you only recourse maybe to mention it around the neighnbourhood or post a warning (Make sure yohave proof / vetrinary support) this will save other peoples horses the same pain, but unless they see the message and explain it was an isolated incident and offer to cover your vet bills I don't think you can get much from them.

As I am looking into the setting up of an agistment facility I put together a contract in Word format, if anyone wants a look at it just .

Not being the suspicous kind much I would not accept any feed for my horses from anyone who accused me of stealing then went all quiet.

And yes Ken me too, lots of friends to help out :-), but be warned if the contract has a lien in it you are officially stealing the horse and can be prosecuted unless all monies owed are paid up. By owed I mean feed costs, vet costs and board, but not tank heaters, missing items or damage to property unless a) the horse did it and the contract covers damage b) you did it on purpose.

Posted on Sunday, Jan 9, 2000 - 7:59 pm:

I definitely would have everything paid up front( I board one horse....and that bill is always paid,by choice,a month in adavance .Would have gotten my boys or took it out of the "boardees" backside! would have left it up to them to take me to court. I have no tolerance for people that will willfully harm or mistreat animals!
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