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Re: [RC] Registration - Court Order - Laney Humphrey

Hopefully some legal eagles can clarify this but it seems to me that ownership of the physical being that is the horse is never dependent on the horse being recognized by a breed registry as part of that breed which is what registration is. I've owned horse for more than half a century and I've never known a case where the registry was appealed to in order to settle ownership. Also, think of all the horses that aren't registered at all. Proof of ownership is usually a bill of sale. The horse buying public often seems to put more value on a horse "with papers." If an owner thinks having those papers is important in order to establish value, then they should probably do a search of Dreamhorse.com, Agdirect.com and other horse sale sites (as well as local auctions) to establish what seems to be the fair market value of horses similar to theirs & then decide whether the cost in money, time and effort to obtain the papers plus their original purchase cost (plus whatever else they want to include) keeps the horse within the current price range or puts it above what people are willing to buy for similar horses with or without papers.
Laney


Beth Walker wrote:
Yes, please, let us know. I have a horse I bought last May whose papers are not in order. The horse had been bought at auction by one lady (LadyA), and sold to her best friend (LadyB), who ended up selling to me after 5 years when she was moving. LadyA acted as agent, and promised to get the papers cleaned up. She has been trying for a year, but the registered owner is not cooperating.

My guy is a gelding, so there is no question about value for breeding :). I just think that a horse with papers has at least one more thing in its favor than one without. I'm not looking to sell this guy anytime soon, but you never know what the future holds, and I would like him to have his papers, if at all possible. However - I do have a price limit, and I'm not willing to shell out more for a lawyer and court costs than it cost to buy him in the first place, so I would be interested in how involved this "quiet title' stuff is.

Also -- from the little I read about it, it sounds as if you pretty much put your right to own the 'property' at the mercy of the court. You have to name the registered owner as defendant in the case, and I presume that person is notified of the court action. There is a risk that the person will turn up in court, and the court will decide in favor of the original owner (maybe a very small risk....) If they do, then you have to turn over the horse. Is that correct?



On Mar 13, 2007, at 8:12 PM, Kari Hanes wrote:

As the registry sees it, the auction house papers show proof of possesion not proof of ownership. We have contacted an attorney and are going to seek a "Quiet Title", we just need to figure out if we should file in our county or the previous owner's county where the animal abuse charges were filed. Hopefully this will be the end of a two year nightmare, either we get the papers or we don't, we'll just have to wait and see.

At the time of purchase this was strictly a rescue of a mistreated horse. I was not concerned about papers or anything else then - it was just impulse to save her from a bad situation. I didn't know if she was rideable or treatable, what I did know was that no animal deserved to be abused that way. She stayed in our "isolation" paddock for quite a while because we didn't know what she had been exposed to, if she would stay in the wire fenced pasture or if she could enter the mare's pasture without the strength and stamina for the pecking order.

We've bred and sold Arabs for years and have always considered the registration papers belong to the horse - not us. On a few occasions where we have sold a horse that was not registered, we always supplied the new owners with the foal/breeding forms so they were able to register the horse in the future if they wanted to. That's just the way we look at the situation - everyone's entitled to their own opinion on the subject.

We did change our minds about papers when we realized what her bloodlines were - this is a pure Polish, Pepton daughter, she was also a money earner on the track. It's just crazy to imagine someone dumping a mare of this caliber.

Thanks for all the input and support, I'll let you know how this all turns out.

Kari Hanes
Montalee Arabians
Holton, MI


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Information, Policy, Disclaimer: http://www.endurance.net/Ridecamp
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Replies
[RC] Registration - Court Order, k s swigart
Re: [RC] Registration - Court Order, Kari Hanes
Re: [RC] Registration - Court Order, Beth Walker