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By Julie I. Fershtman, Attorney at Law
www.equinelaw.net
Stables and equine professionals know it is inevitable – clients move on or lose interest in horses, and the business relationship terminates. Often, but not always, these relationships end on excellent terms. Over the years, disputes and lawsuits have occurred between horse owners and equine professionals involving termination of the relationship. Horse owners want the right to leave immediately and want refunds of overpaid fees. Stables and trainers want advance notice to fill the empty stall, and they want all debts settled before the horse leaves the stable.
This article addresses some of these disputes and offers suggestions for avoiding them.
Laws Impacting Termination of the Arrangement
Stablemen’s Lien Laws
Stablemen’s Lien Laws (sometimes called “Agister’s Lien Laws”) are found within most states. These laws address the situation of a stable’s rights, including the right to sell off a horse, when boarding and certain related fees have not been paid. This author has written in the past about these laws. Some allow stables to retain possession of a horse when board fees are past due. For example, Michigan Compiled Laws Section 570.185, states in part:
Whenever any person shall deliver to any … person any horse … to be kept or cared for, such … person shall have a lien thereon for the just value of … the keeping and care of such animals, and may retain possession of the same until such charges are paid.
As another example, Nevada Statutes, title 9, Chapter 108.540, states, in part: