Thursday, July 30, 2009

A stray horse has shown up on my farm. How long do I keep it before its mine?

I live on a farm and a couple of weeks ago a horse was in my yard. I put the horse up because I thought someone would come looking for him and no one did. I ask all my neighbors, called the sherif department and animal control no one has reported this horse missing. I am buying feed for it and taking care of it. How long can I keep this horse before I can legally sell him?I can't afford to keep this horse.
Answers:
It sounds like you did the right things,call the neighbor's,sheriff and the local shelter. There is a web site for lost and stolen horses it is called: netposse.com
If you can't find the owner I would check with the local district attorney's office,they should be able to help you. Most likely you will need to publish in a local paper that you found the horse and if no one claims it then you will need to have a sheriffs sale. You want to protect yourself legally,so no one can come back and sue you or hold you responsible if any thing happen to the horse while it is in your care.
Call your local TV station. They can help find the owner.
The sheriff should be able to tell you and contacting the TV station would be a good idea as well as the local paper. You can charge the owner if they ever collect it for board and keep. If you can't afford to keep it, then tell animal rescue to come and get it off your property. They usually have foster homes in place that will be able to take it.
You could slaughter it and put it in the freezer. This way all it consumes is a little electricity and when the owner shows up you can have a lovely roast together.
Look in the horses ear for a tattoo
Then it is a matter of publishing it for a period of time, then court filings and fees.
Humane Society is a good idea. They can care for it and take the paperwork off your hands.
If the horse doesn't have a tattoo on its lip or ear, nor a brand, I would say give it a couple weeks before posting it for sale. If no one comes, they will find it when its for sale and advertised on websites or what not. I mean if a person lost their horse and are not actively searching the area, they probably don't value it enough for them to own it.
In the old west, and these laws are still on the books so check with your state/county, if a horse or cow was on your land without a brand, it was automatically yours. Some men became very wealthy in cattle because of these laws. Check it out with your local city hall and they can suggest who to ask about this one.
since laws are diffent from place to place you need to call animal control and ask them what the laws are for your area. Have you put up posters at local feed store or grocery?
There are several horse rescue operations that will usually travel to pick up an abandoned horse. Most of them follow the local laws of the length of time to keep the horse prior to finding it a good home and most of them have a strict screening process for horse adoption.
Have you tried calling the sell barn from around in your area? Or called or posted notices at the vet offices?
Our neighbors had the same thing happen a few years back and the horse got away from a sale barn 50 miles away. It was almost 2 months before they found out who it belonged to.
I would call your local sheriffs office to see about selling him and what the time line should be. They would be able to tell you what legal president you have!
Good luck!
Animal control or the Sheriff can tell you how long you have to wait to sell it, as it depends on the local laws. It's usually 30 days.
Notify your state brand inspector. I know in my state that when you travel across county lines, or sell a horse you must have a brand inspection done, to prove ownership of the horse. I would also try local equine vets to see if maybe they have ever seen this horse or one similar. It maybe that the owner may be on vacation, in the hospital, deceased. and who ever is taking care of ( or supposed to be) should never be allowed to do so / let alone own animals.
Equine Rescue League. Local Agricultural Department.
"Mommy, can I keep it? It followed me home..."
Sorry, I couldn't resist, that's a very unusual case you have there. Call your local sheriff and ask him. If he says it's legal, go ahead, if he says it's not give the horse to him. If he says it is and it's really not--blame him. Shameless, I know, but effective to keep the law on your side.
you should put up flyers all around your town, give the horse weeds to eat, and wait about a month before he's definetly yours, also get the # of the shelter 50 miles away, maybe they'll come and pick him up... i think its kind of funny that you dont have a trailer, or do you? If another month passes by, find maybe a kid that would like to have him, rent him out.
put up some flyers in your local feed stores, tack stores and gas stations ( everyone needs gas). if after 30 days no one has claimed it, i dont see why you couldnt sell it. just to be safe before you put those flyers up call the county sheriff and ask about abandoned animal laws, see if theres some kind of report you have to file before you can sell. dont just ask if anyone reported it, tell them what you found. just because no one filed a missing horse report doesn't mean you get to keep it if you find it. your county may seize the animal, not much you can do if thats the law in your neck of the woods. i really doubt they will take the horse but better to be safe than sorry.
On Dreamhorse.com they have listings for lost and stolen horses. You might want to check there.
Put an ad in the paper and call the TV station so they can help find the owner. The horse could be a runaway or a stolen horse that got away from its captors.
I would call the nearest Horse Rescue and let them deal with it. They will go through the necessary avenues of the legal issues. Plus they can find the horse a good and safe home. You can always refer anybody looking for the horse to the rescue. The rescue should pick him up too.
I work with two Horse Rescues in the Midwest one in Indiana and one Illinois. To my knowledge there should be a rescue in each state.
Indiana Horse Rescue phone number is 765-659-5209 I am sure that they can assist you no matter where you live. Call and maybe they will give you a reference for your area. Pet finders.com under equine rescues is a good place to find a rescue in any state too. Most rescues want donations but with your circumstances I am sure they will not expect one.

1 comment:

  1. Here is the laws for Indiana regarding horses that are found stray... the number listed for Indiana Horse Rescue in the previous message is incorrect, the number is 812-729-7697 their website is www.indianahorserescue.com
    Good luck!

    IC 32-34-8
    Chapter 8. Finding Strays or Property Adrift
    IC 32-34-8-1
    Advertisement for animal or article found
    Sec. 1. A person who finds a stray horse, mule, ass, sheep, hog, cattle, or goat, or any other article of value, shall, within five (5) days after finding the animal or article, advertise the animal or article in writing in three (3) of the most public places in the township where the animal or article was found, stating the time the animal or article was found and giving a description of the animal or article.
    As added by P.L.2-2002, SEC.19.
    IC 32-34-8-2
    Unclaimed property; report to court; warrant and appointment for appraisal
    Sec. 2. (a) If the owner does not claim the property described in section 1 of this chapter within fifteen (15) days after the date the property is found, the finder shall report the property to a court with jurisdiction in the county where the property was found.
    (b) The court shall issue a warrant to three (3) householders of the neighborhood not related to the finder (unless persons not related to the finder are not available) directing any two (2) of the householders to appraise the property. The appointed householders shall appraise the property and provide in writing to the court a report containing the following information:
    (1) A clear description of the property.
    (2) The householders' valuation of the property.
    (3) A declaration under oath that the appraisal and description were made without partiality, favor, or affection.
    As added by P.L.2-2002, SEC.19.
    IC 32-34-8-3
    Oath of finder
    Sec. 3. The finder must, at the time the householders make the report required by section 2(b) of this chapter, state under oath that the finder has no knowledge that the marks, brands, or appearance of the property have been altered by the finder or any other person since the property was lost, except for the changes stated in the householders' written report.
    As added by P.L.2-2002, SEC.19.
    IC 32-34-8-4
    Unclaimed stray horse, mule, or ass taken to pound
    Sec. 4. The finder of an unclaimed stray horse, mule, or ass that is at least two (2) years of age shall take the animal to the pound of the proper county and keep the animal at the pound from 11 a.m. until 3 p.m. on the first day of each of the two (2) succeeding terms of the circuit court after finding the stray.
    As added by P.L.2-2002, SEC.19.
    ________________________________________

    There is much more to the law, but you can research it by going to www.in.gov

    ReplyDelete