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Dr.Diana
Dr.Diana, Forensics / Law Officer / Counselor
Category: Legal
Satisfied Customers: 369
Experience:  Forensic Psychology ( Legal Issues) / Justice Studies / Former CA Law Officer / PreLaw + ThD
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hi, what are the fencing law requirements for a stallion in ...

Customer Question

hi, what are the fencing law requirements for a stallion (horse) in oklahoma, specifically, skiatook: osage county thanks
Submitted: 7 years ago.
Category: Legal
Expert:  Dr.Diana replied 7 years ago.

Greetings;

As a former Animal Control Officer, and since I am from Oklahoma too...I do not find ANY specific requirements in the State of Oklahoma or County of Osage laws for fencing stallions. The only code listed is that 'owners' must restrain and fence their 'animals/livestock' properly. Any damages that occur from an owned animal must be paid for by the owner of the animal.

Be advised that stallions can be quiet destructive as they are large, strong animals...as I'm sure you know...So it is important to provide adequate fencing for them.

Let me know if you need any more information on this or please...Remember to click 'ACCEPt' if my answer is useful to you. Positive feedback is always appreciated.

Dr.Diana, Forensics / Law Officer / Counselor
Category: Legal
Satisfied Customers: 369
Experience: Forensic Psychology ( Legal Issues) / Justice Studies / Former CA Law Officer / PreLaw + ThD
Dr.Diana and 16 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
Relist: I still need help.
dr diana i'll glady pay for a follow up my wife want to know that, during this time of the season, if a 3 year old stallion, that submits to mares and shows no signs of being a stallion at this time would be any more agressive than any other horse, male or female. the stallion has never been breed. althouh my landlord knew what animals we took to the property when we rented it a year ago, in midstream wants us to get rid of it too stay on this property. I wrote a more detailed version earlier but dont know if it got through. this horse is very docile and has caused no trouble. is there any scientific evidence you know of of the actions of a three year old stallion at this time of year? thank you so much. your very helpful.
Customer: replied 7 years ago.
dr. diana, any advice on my last question? thanks Jimmie
Customer: replied 7 years ago.
Relist: I still need help.
dr diana did you get my last followup? thanks jimmie*
Expert:  Marie replied 7 years ago.

Hi! I tried to answer this when it was first listed and got bumped out. I have had horses for over 40 years and grew up in Georgia on a thoroughbred farm. My husband is an attorney and I practice Real Estate law. Your neighbors/landlord are wrong and should have no complaint about you owning a stallion. This is just simply, total BS. This is all it is. They are just being bullies with no reason. There is NO law that requires you construct some type of fencing, did they want razor wire? This is ludicrious. You live you life as you wish, fence you horse with proper normal fencing and make sure he can not escape and run to a neighbors mares in cycle. I have a quarterhorse, top of the line and he has been trained to behave himself. When he decides to dance around I let him know this is not an option. He is not going to go crazy, make a scene or be out of control. Those are myths that people have who have no clue about animals. Please stop making yourself crazy. If you horse is in a well maintained area, he will behave himself and anyone who has an issue is just not educated. Since he has not used as a breeding stallion he can dance all he wants, but has no clue. Simple.. don't be bullied and show he is a well mannered horse. You need to stand up for your rights and stop letting others hammer you. If you have any other questions, please ask. I will help you in any way I can. Thanks.

 

 

Marie, Realtor
Category: Legal
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Experience: Real Estate Law/Broker Owner/Morgage/Title Co./Builders LLC
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Expert:  Dr.Diana replied 7 years ago.

Greetings againCustomer

Sorry I couldn't get back to you last night. While MichealsMom is correct about the negative stereotypes about Stallion behavior, and it is true that not all Stallions become a nuisance or dangerous (in my experience as an Animal Control Field Officer)...I need just a bit more information to properly answer your follow up question though...Because Animal and Agriculture Laws are very different then the Landlord & Tenant Acts of Oklahoma.

Your follow up question deals with whether or not your Landlord can restrict the use of the property you rent, namely on account of a Stallion being kept there, which is within the Landlord & Tenant Acts and NOT Animal or Agriculture Law.

Do you rent the property month to month or do you have a lease? If a lease, how long do you have left on the lease? Have there been any complaints about the Stallion? And do you have renter's insurance or insurance on the horses?

Reply here for free and I will get an answer to you as soon as possible about the question of whether or not your Landlord can restrict the use of the property you rent.

 

 

Dr.Diana, Forensics / Law Officer / Counselor
Category: Legal
Satisfied Customers: 369
Experience: Forensic Psychology ( Legal Issues) / Justice Studies / Former CA Law Officer / PreLaw + ThD
Dr.Diana and 16 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
i'll try this once more, thanks for your help, yes we have had problems with the stallion before, to be "neighborly" we got rid of that stallion, we lease, and still have one more year on that lease, dont have renters insurance. the landlord knew of the horses we had when we moved in. he even sent us barb wire for fence at his expense so we would have more land. hope that helps and gets through. thank you again, Jimmie*
Expert:  Dr.Diana replied 7 years ago.

Ok...Sorry it took me so long to get back to you (I am a day sleeper).

Anyhow, since you have a lease, and a year left on that lease, according to Oklahoma Landlord Tenant Act 126(A)&(B), the Landlord is supposed to, by law (B), give you written notice that they want to change the terms of the lease (i.e. No Stallions on property...) and you have to agree to the new term(s) in writing. They can only do this if it is a safety issue, if they are telling all renters to do this fairly, or if their property is being damaged (A)1. Otherwise, your Landlord would be breaking the lease. Tis comes from: http://tenant.net/Other_Areas/Oklahoma/tenant.html#s121 -See Below-

Now, I totally understand the problem with not wanting to fight with your Landlord...I have been in the same position in Grove. New owners of our 'Resort' wanted to limit the amount of pets we all had to 1. I had two, so I simply did not comply, did not sign anything, and I didn't get rid of one of my pets. They never said anything else. In your position though, you should let your Landlord know that you are aware of the Landlord Tenant Acts of Oklahoma...and remind the Landlord that he would be breaking your lease to now try to limit what kind of animals you keep on the property.

Most Landlords do NOT want to be the ones to break a lease...It can get very expensive in civil court, should you bring suit. You can also speak with a local attorney about this as they often give a FREE, initial consultation...Then have a kindly talk with your Landlord advising him that you have spoken with so & so and understand that if the Landlord now tries to limit the lease agreement that he would be in violation of Oklahoma Law.

As long as the horse is not causing any damages (which you would be responsible for of-course), a complaint is not enough cause for the Landlord to suddenly change your lease.

Here is the code section:

"SECTION 126. Tenant's use and occupancy of premises Rules and regulations

  • A landlord, from time to time, may adopt a rule or regulation, however described, concerning the tenant's use and occupancy of the premises. Such a rule or regulation is enforceable against the tenant only if:
    1. Its purpose is to promote the convenience, peace, safety or welfare of the tenants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally; and
    2. It is reasonably related to the purpose for which it is adopted; and
    3. It applies to all tenants in the premises in a fair manner; and
    4. It is sufficiently explicit in its prohibition, direction or limitation of the tenant's conduct to fairly inform the tenant what such tenant must or must not do to comply; and
    5. It is not for the purpose of evading the obligations of the landlord; and
    6. The tenant has notice of it at the time such tenant enters into the rental agreement, or when it is adopted.
  • If a rule or regulation is adopted after the tenant enters into the rental agreement and that rule or regulation works a substantial modification of such tenant's bargain, the rule or regulation so adopted is not valid and enforceable against the tenant unless he consents to it in writing." Retreived 01/19/07 by DALH from Oklahoma Landlord Tenant Acts.
  • Let me know if you need more information on this...And thanks for your reply and quick 'ACCEPT(s)'...It helps your rating (& mine) on future questions.

     

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