THE HORSE GAZETTE
legal
equine legal issues with lisa C. smith
limitations of the Texas
stableman’s lein
With the recent eco- auction—not through private
allow the farm owner to deter-
nomic downturn, horsemen treaty, classified advertising,
mine whether and when vet and
may be increasingly worried or on the internet. If the sale
farrier work is done because
about money. Farm own- of the horse garners a greater
farm owners want the care of
ers may be taking in horses price than the amount of unpaid
the horses at their facility to be
and boarding them at home board, the farm owner must
high quality.
in an effort to increase their return the overage to the horse
The farm owner may
income. Horse owners may owner. The Texas Property
also wish to protect him or
be concerned about what the Code has very specific rules for
herself from bearing the cost
New Year will bring and wor- foreclosure, and farm owners
of such unpaid bills, and all
rying about paying their board, must follow them precisely.
boarders may be expected to
horse care, training and farrier The horse owner
sign a contract as a condition
bills. Texas stableman’s lien, should respond to the request
of boarding the horse. Some-
or “agister’s lien,” laws may af- for the unpaid board bill and
times, farm owners will go so
fect both farm owner and horse find a way to pay. The horse
far as to ask the horse owner
boarder, so it is helpful for owner could request an exten-
to pre-authorize the cost of
both parties to know their legal sion in writing and obtain writ-
veterinary medicine to a certain
dollar amount and to provide
The ECB Hydrotherapy Spa has arrived!
rights under Texas statutes. ten permission from the farm
A lien is a right in owner. Or, the horse owner
advance permission for care of
property to secure the pay- might ask if the farm owner
certain ailments like expensive
This form of hydrotherapy has been used extensively in the US and abroad
ment of a debt. Possessory would accept credit card pay-
colic surgery. Horse owners
and is quickly becoming an equine sports medicine mainstay. liens are liens on property that ments. If the horse owner fails may be asked to determine how
is already in possession of the to negotiate an acceptable pay-
much money they are willing
creditor. When a person takes ment plan, he or she may lose
to pay for vet care in the event
a car to the auto mechanic, the ownership of the horse.
of an emergency when they
mechanic has a possessory However, the Texas
cannot be reached. Such an
This unique hydrotherapy
lien on the car that requires stableman’s lien has a limited
agreement makes everyone’s
the owner to pay the repair bill. scope. Farm owners cannot
expectations clear. The farm
is extremely effective in
The mechanic can keep the car keep or sell the boarder’s tack
owner knows how much of the
the treatment and until the bill is paid or sell the or other personal possessions
horse owner’s money he or she
prevention of the majority
car to obtain the amount of the that might be stored in the
is authorized to spend if an ac-
repair bill. tack room on the farm owner’s
cident occurs, and the boarder’s
of lower leg injuries
Similarly, the Texas property. A horse owner may
expectations of care are set out
such as: stableman’s lien provides a lose his horse but not the tack
in writing in advance.
way for farm owners to keep or horse care items that go with
A boarding facility
possession of a horse boarded it unless the farm owner and
may likewise contract with
• Tendonitis • Desmitis
on their property until the boarder agreed in writing in the
a prospective boarder to pay
• Arthritis • Shin Splints board bill is paid by the horse boarding contract. Some farm
training and farrier bills or suf-
• Concussions • Bursitis
owner. If the boarder does not owners require new boarders to
fer a penalty. The parties do
pay the board bill, the boarder sign a written contract agreeing
not have legal rights to recov-
• Synovitis • Hoof Injuries
could lose ownership of the to terms before allowing a new
ery under Texas stableman’s
• Open Wounds horse. Forever. horse to be boarded at the facili-
lien laws, but they may pursue
• Infections
When a farm owner ty. These contracts may request
causes of action for breach of
has a boarder who is not paying a deposit, late fees for unpaid
contract.
• Skin Irritations
the bill, the farm owner may board, credit card information,
When a farm owner
keep possession of the horse or require the boarder to agree
decides to begin boarding
18675 Marbach Lane
Phone: 210-651-6202
until the bill is paid or fore- to forego tack if the board bill
horses, it’s a good idea to
close on the horse, selling it at remains unpaid. However, the
have a written contract. The
San Antonio, TX 78266
Fax: 210-651-1557
public auction. However, that farm owner cannot require the
contract protects both the farm
foreclosure must comply with boarder to agree to foreclosure
owner and the boarder because
8 am - 6pm Monday-Friday
Emergency Contact Day or Night: Section 70.005 of the Texas on a horse in a manner differ- the written agreement sets forth
Saturday: By Appt. Only
210-651-6202
Property Code. According to ent from that set out in Section
the parties’ expectations, their
that section, the farm owner 70.005 of the Texas Property
rights, their responsibilities,
www.BrackenEquine.com
must take three steps. First, Code.
the payment deadlines, legal
the farm owner must have pos- The Texas stable-
liabilities, and a manner for
session of the horse for 60 days man’s lien applies to board
the parties to resolve disputes if
after the date that the board bills, not training fees, veteri-
any arise. When a prospective
charges accrued. Second, the nary medicine costs, or farrier
boarder is researching board-
farm owner must make a writ- bills. But protections that a
ing facilities, it’s a good idea
ten request to the owner to pay farm owner can’t get from the
to tour the site and review any
the unpaid board bill. Third, lien law may be gotten from a
written contract that the farm
if the unpaid board bill is not written contract. A farm owner
owner expects the boarder to
paid on or before the 11
th
day can recover the fees for training,
sign. Read the contract to see
after the request for payment vet or farrier if the boarder has
if the agreement seems fair and
of the outstanding debt, then signed a boarding contract giv-
have someone knowledgeable
farm owner may sell the horse ing the farm owner the right to
give a second opinion. If the
at public auction after giving require that vet and farrier care
horse owner does not like the
the horse owner 20 day’s writ- be provided and timely paid for
contract because it seems un-
ten notice. The farm owner by the boarder. Some boarding
reasonable, ask questions, and
must sell the horse at a public facilities require that a boarder
try to renegotiate it. If it is too
burdensome, try another facil-
ity with a contract that seems
Down home Kountry Kookin’
reasonable.
recipes from the past thirteen
The information in-
cluded in this article is for
years as published in educational and informational
The Horse Gazette.
purposes only. Please consult
an attorney regarding specific
ONLY $12.50
legal question because the facts
in each equine transaction are
(includes shipping & handling)
unique.
You can contact Lisa
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at 519 S. Presa, San Antonio,
TX 78025 or call 210-863-7472
Monday - Saturday • Hay • Shavings • Feed • Tack
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or e-mail: lisacsmith@satx.
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