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Exercising liens on horses
A common question: I have a horse in my yard at livery/to be sold/for schooling/etc and the owner hasn’t paid me for ages. Can I sell the horse and pay myself out of that?
The legal way of putting this is do I have a lien on this horse and how can I exercise it?
Well, the answer is usually that you do have a lien but you have to take great care in how you go about this. There are statutory procedures which must be followed. If you get it wrong you might end up facing two claims:
- a claim by the owner for the value of the horse, which may or may not be the amount you sold it for, plus additional damages and legal costs and
- a claim by the buyer for breach of warranty of title.
Happily, getting it right is not too difficult – with the right expert advice. If you’re in this situation, give me a call or email me.