removing horses

Question
this more of a legal question and i am looking for answers...there are several horses on my property that do not belong to me.  i have informed the owner of these horses on many occasion by phone to please remove them from the property.  i have been trying this for the past 2 years but the horses are still there.  the owner has either told me they do not have time or do not have a place to take them.  the horses are on 400 acre and are well fed and in excellent shape.  i want to have them removed.  do you know how i can accomplish this without the owner accusing me of theft or cause other legal issues for me.  this is not an issue of divorce,bankruptcy,etc. as i see listed in your expertise but one of needing them removed so fences may be repaired without them getting onto my neighbors property or causing me liability if were one to get out and someone hit one with a vehicle.  thank you

Answer
Hi Russell,

You are right. Your question is more of a legal question but I will try to point you in the right direction.  Please understand that I am not a lawyer and you may have to do additional research with animal control or your local law enforcement agency. These agencies should be able to give you a better understanding of your rights in removing the horses from the property. I am not sure where you are located and that will impact your rights.  States and counties can have different laws regarding animal treatment.  


You say the horses have been on your property for the past two years so I have a few questions:

1.) Are the owners paying you to keep them there and not up-to-date on their bills.  If so, you may have the have the right to put a lien on the horses and sell or give the horses away. Check with a local lawyer about how to do this.   

2.) Did you buy the property with the horses on it and the owners have never removed them?  If so, you can cite the contract for the land that the horses were not part of the deal. Also, see the response to question 3.

3.) Did you verbally agreed to allow the horses on the property and now need them off?  If so, do a written demand letter to give the horse owners a firm date to get the horses off the property. Tell the horse owners specifically that the horses need to be off by X date or that you will have them removed.  If it is going to cost you to have the horses removed, you may be able to sue the horse owners to recover the cost of those fees.  Make sure the demand letter is either hand delivered with a signature required showing proof of delivery or sent certified mail.  If it was me and I was sending the demand letter in the mail, I would send one copy regular mail and one copy certified.  Basically, you will need proof that the horse owners received your demand letter.  I cannot stress enough that you need to document all the communications you have with the horse owners. Try your best to be polite in all your communications with the horse owners.  It will come in handy if the horse owners cause problems down the road.  

I wish you the best of luck in getting the horses off your property with the least hassle possible.  

Let me know if you have additional questions.

Regards,
Jess
jess@ahorseappraiser.com