Wise Precautions for Loaning Your Horse
Before you loan your horse to a complete stranger, or even someone you thought you knew really well, there are a few sensible precautions you should take. These can ensure that everything is clear and understood between the parties involved and if something does go wrong the details are in place to recover the situation. In cases where equines are loaned on a ‘handshake’ agreement it can sometimes become almost impossible to even prove that the horse is yours. So, if you do not intend to give your horse away to never be seen again please consider the following.
Identify the horse.
All horses should have a passport to confirm their identity. The problem here is that you are required to give the passport to the loanee with the animal. Make sure that anyone can positively identify the horse by having it freeze branded. A microchip is a good confirmation but is not visible and can be difficult to check. Also, a passport does not prove ownership, only whether the animal is fit for human consumption. Freeze brand companies will issue you with an owners pack and this can be taken as proof the horse is yours. Keep these documents yourself somewhere safe. It helps greatly if you have somegood, clear current photographs of your horse, winter and summer, digitally stored if possible.
Keep a copy of the passport.
You must supply the original copy of the passport with the horse so it can be travelled. The passport should also be available for inspection from the keeper so handing it over is usually unavoidable. This does not prevent you from keeping a photocopy so you always have the information to hand.
Use a loan agreement.
You really must have a formal, written loan agreement in place before you hand over your horse. There is a BHS version at
www.bhs.org.uk in the Welfare section or a Horse Trust copy at
www.horsetrust.org.uk in the Advice section. Make sure it is fully completed and that you each keep a copy. If you can, have the agreement countersigned by a professional person such as a doctor, lawyer, bank officer or company director rather than a close friend or family member. This will make it more impartial and independent in any dispute. Some solicitors also specialise in equine law and offer help with drafting loan documents.
Due to cases collapsing when the loan agreement is broken make sure it is drawn up by a solicitor, or countersigned by a solicitor.
Keep records.
Make sure you can always contact the person you loaned the horse to. Keep a record of their name, home address and all telephone numbers. Note where they are going to keep the horse and if this is a livery yard then write down the yard owners details as well. Visit the yard/home before the horse leaves you both to inspect the premises and to confirm what you have been told really exists. When the horse is collected record the registration numbers of all the vehicles involved, you can even take some photographs at the time so there is no doubt. A ‘souvenir’ photo of the loanee holding your horse may prove invaluable if it all goes horribly wrong in the future.
We all have trust that loans are the best solution at the time and the vast majority go well with no problems. However, if you do find yourself in a position where your best friend has been moved, sold or will not be returned to you the effort of the preparation described above may make the difference between proof of ownership and a long drawn out dispute.
Is this the latest horse scam? - Loan out your horse and buy it back if you want access!
Courtney (has allowed her name to be used) replied to an advert requiring a horse for a companion, her beloved Jake had been recently diagnosed with arthritis and therefore his riding career had sadly ended, Courtney thought there may be a use for him for the rest of his life as a companion. She site visited and later it was agreed for Jake to go as a companion, never for ownership to be lost and with access visits when convenient. She did ask for a loan contract but was overpowered at this suggestion. Jake went to Wexham in Slough in Nov 2010, communications and visits were fine for a short while and then there were difficulties with access for 6 months. Courtney, 23 years old, feeling overpowered asked her father to ring to arrange just a visit. Communications were not good and Courtney's father was informed that if they wanted to see him they would have to buy him back. Missing Horses On Loan were contacted and a poster was distributed, we were contacted by the loaner.The loaner informed us "Why would anyone want to take on a horse of that size to sit in the field and do nothing but eat a big round bale of hay in 4 days". "If they wanted to see him they can buy him back by paying for the livery costs" and a figure of £2000 was demanded.
Courtney in her desperation to reclaim her horse and make up for the huge mistake she made in entrusting her Jake to someone else agreed to attend to fetch the horse with the potential of having to possibly pay the £2000. The visit to reclaim Jake was not peaceful, the police were called, claimed it as a civil matter and the only way forward was to pay the money to later that day reclaim her horse. Jake was not near the premises and walked some distance which was the reason so say for an arthritic horse who had been retired from riding work to have shoes on (make of that what you will??) Court proceedings are now commencing for the return of Courtney's money
Companion/Loan adverts
Beware in this case the horse was still alive unlike some cases that we have dealt with and the owner could afford the money at the time she could reclaim her horse before it could of potentially disappeared.
Check them out!!! Contact us, find your local Horse Watch, flag the passport with the passport office that the horse is on loan and the passport must not be changed, keep in contact, if something feels wrong check it out asap.
Beware you might have to buy your own property back!
If you have reported a Missing Horse on Loan to us
Please keep in touch, we are a small team that don't get paid, we use our own money, time and resources to find and help return these horses, so many people have got in touch and then expect us to keep ringing them and chasing the owners up. We are dealing with so many cases, if you want your horse back then pick up the phone and KEEP IN TOUCH, moan over-The Team at MHOL
Stolen Horse International
http://www.netposse.com/
NetPosse a division of Stolen Horse International, Inc. is EVERY equestrian's key resource, by not only providing valuable information and assistance in recovering lost, stolen or missing horses, but by also taking a major role in educating the public on equine theft and loss prevention. Thanks to the speed of the internet, NetPosse can round up a modern day version of a posse within minutes of filing a report. An alert and call to action goes out to a network of volunteers bent on returning your lost equine or property.