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legalgems, Lawyer
Category: Legal
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A person left her horse in my barn since 7-26-16 and will

Customer Question

A person left her horse in my barn since 7-26-16 and will not respond to calls, texts,or emails. How long do I have to keep it before I can sell the horse to recoup my board and other expenses?
Submitted: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 1 year ago.

I'm sorry to hear this;

that is a long time to not hear from someone.

Can you tell me, was there a contract re: boarding (whether oral or written)? Was it weekly, monthly etc?

Customer: replied 1 year ago.
The person left the horse there under the auspices of trading her horse for another horse. There was no written boarding agreement. She simply left her horse in my barn, and ignores all attempts to contact her. I've been boarding this horse for 66 days, plus, farrier, and vet services.
Customer: replied 1 year ago.
I just want your written opinion.
Expert:  legalgems replied 1 year ago.

Thank you for your patience; it took a bit to download the stable keeper's statute which is codified at 35-11-70 and is below:

(a) Any keeper, owner, operator, or proprietor of any pasture kept for grazing stock or of any cattle or livestock feed or fattening lot, or any keeper, owner, or proprietor of any stable for the development or training of horses, or any person who keeps, fattens, feeds, cares for, trains, or develops any horse, horses, cattle, or livestock for another shall have a lien on all such horses, cattle, or livestock so kept, fed, pastured, trained, cared for, fattened, or developed by him, or under his control, for the payment of his charges for keeping, feeding, pasturing, training, caring for, fattening, or developing the same, and he shall have the right to retain such horse, horses, cattle, livestock, or stock, or so many thereof as may be necessary for the payment of such charges.

(b) If the charges, claims, or demands under subsection (a) of this section when due are not paid within 10 days after demand therefor, such person, keeper, owner, operator, proprietor, or trainer is authorized, on giving 10 days' notice of the time and place of such sale, by advertisement in some newspaper published in the county in which said stable, pasture, or cattle, or livestock feed or fattening lot is located, once a week for two successive weeks, or if there is no such paper, by posting the notice in three conspicuous places in the county, to sell the stock for the payment of the charges and expenses for keeping, feeding, pasturing, training, caring for, fattening, or developing said stock, and also the costs and expenses of the sale and advertising and the balance, if any, he shall pay over to the owner of such stock.

Please note that notice must be given specifically as to the date and time of the sale and any additional funds must be turned over to the owner. Under 35-12-76 if the owner cannot be located, the remaining sums needs to be turned over to the state's unclaimed property division.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.