DISPUTES IN HORSE OWNERSHIP
DISPUTES in Horse Ownership
Whose horse is that ?
In England and Wales , horses are
considered to be domestic animals ( rather than wild animals ). The classification of animals is enshrined in English Common Law and therefore even “ wild ” New Forest ponies are domestic and are owned by individuals .
As horses are classed as domestic animals , this means that they are capable of being owned . This enables owners ( of domestic animals ) to have specific rights in asserting their ownership such as issuing a claim against someone for keeping their horse against their will . Other examples include the owner ’ s retention of his / her status ( as owner ) even if the horse is lost .
Ownership of a horse is often a contested area as it is difficult to prove to whom the horse belongs . Unlike for a house , confirmation of the ownership of a horse is not held in a centralised organisation ( although the Horse Registry seems like a good idea ) and therefore disputes as to the horse ’ s ownership arise more often than not .
Below considers the most common disputes as to ownership .
PASSPORT
The most common misconception in the equine world is the value of a horse ’ s passport . In 2005 , it became law in the UK for your horse to have a passport .
These passports can only be issued by a Passport Issuing Organisation . The main purpose of a passport is to identify the equine by way of its microchip , markings but it also provides information in relation to the food status of your equine ( for example , if your equine has ever been prescribed phenylbutazone ( commonly known as bute ), he is not fit for consumption and this will be noted within the passport ).
Unfortunately , passports are not proof of ownership of the equine . Therefore it does not necessarily matter who holds the passport as this will not prove ownership . Of course this can have his positives , for example , a yard owner may hold the passport for you whilst your horse is on livery and this will not demonstrate ownership .
The advice when you are buying a horse is to ensure that the passport matches the horse and to obtain a receipt confirming ( at the minimum ) the passport number , the buyer and seller ’ s name and address with the amount paid and the date on which it was paid .
The most common disputes over ownership arise in the following predicaments :
• Theft of an equine ; or ‘ Borrowing ’ of an equine .
THEFT
Equines , by their nature as domestic animals , have value and belong to people .
The law in relation to theft is summarised in section 1 of the Theft Act 1968 . The legal test for theft is :
• Dishonest appropriation ( aka taking );
• Of property ;
• Belonging to another ;
• With the intention of permanently depriving the owner of that property .
The maximum term of imprisonment for theft is 7 years .
In order for a horse to be stolen it needs to belong to someone . If the horse does not belong to anyone then it will be difficult to claim that it has been stolen in the first place . Realistically , with a horse , it is unlikely that no one will own it even if it abandoned .
In addition to the theft of the horse , it is an offence to handle a stolen horse . This can be reassuring for someone as , if a stolen horse is resold and the purchaser realises , they will likely give the horse up .
It is important to note that , if a horse is stolen , it is also an offence to advertise publicly a reward for the return of a horse without any questions
18 • EVERYTHING HORSE : DECEMBER 2020