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[RC] Registration Papers/Proof of Ownership - k s swigart

Laney said:

I guess we, the public, have somehow gotten the
idea that registries have the additional function of
keeping track of ownership in the same way that
ownership of a vehicle goes along with registration.
Because registries don't do that, it seems even sillier
to me when owners refuse to pass along registration
papers when a horse (dog, cat or whatever) is sold
since registration papers are not proof of ownership.

For California (laws in your state may vary):

The "registration papers" on a vehicle and the registration papers on a
horse are quite comparable.  And if you are the registered owner of a
horse, most courts will accept this as title unless somebody else has
something else that shows clear title (like a bill of sale signed by you
as the registered owner).

This is true for vehicle registration as well.  The registered owner and
the title holder may not necessarily be the same entity, like of their
is a lien on the vehicle or if the registered owner has transferred
title of the vehicle to somebody else, but that somebody else has not
(yet) re-registered it in their own name.

Most purchasers of vehicles fairly quickly re-register it, since it is
required to have a current registration for a vehicle to operate it on
public roads; however, if you buy an old truck to use as a farm vehicle
with no intention of ever taking it out on the road, you may not go to
the trouble (or expense) of re-registering it in your name....it is
still your truck as long as you hold the title (signed over by the
previous registered title holder).

If you have the horse, but not the registration papers, and somebody
else DOES have the registration papers showing himself to be the owner,
YOU had better have something else showing you are in legal possession
of the horse.  Otherwise, that registered owner could come "repossess"
his horse.

A bill of sale from an auction house is only good for title to the horse
if the auction house has something from the person who consigned the
horse to the auction demonstrating that THEY had title to the horse and
were authorized to sell it.  Auction houses require consigners to sign
such statements.

For a registered horse, somewhere along the line there has to be
evidence of title transfer from the registered owner for the horse to
legally cease to belong to that person.

Some states issue brand inspections on horses (which are, in essence,
title documents).  The state of California (much to the chagrin of
Californians who try to travel out of state with their horses) does not
involve itself in this process.  I had a state official once tell me
that they had absolutely no desire whatsoever to try to authenticate the
legal ownership of every horse in the state and that if a dispute over
ownership arose, the state did not want to be in the position of having
erroneously issued "title" to the wrong person.

In California, the person in possession of a horse is considered the
owner, unless somebody else can show clear title....and being the
registered owner with some breed registry is evidence of clear title.

On the other hand, the state DOES issue title for vehicles (and will
reissue new titles to new owners for a fee)....however, it only keeps
track of ownership through registration if those owners want to actually
drive the vehicle on a public road.

kat
Orange County, Calif.



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