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If a dog was given to another person, but the microchipped…

If a dog was given...
If a dog was given to another person, but the microchipped wasn't changed to reflect the new owner, could the new owner put the dog down without the permission of the owner whose name is ***** ***** microchip?
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Answered in 1 hour by:
3/15/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,061
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

could the new owner put the dog down without the permission of the owner whose name is ***** ***** microchip?

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Yes, once the owner of the dog gave possession and legal ownership to the new owner, the new owner is considered the legal owner of that personal property (i.e. the dog). The old owner has given up all legal rights that they had to the property when they gift it to someone else. As the new owner of that personal property, they are free to do whatever they want to with it, as long as they don't violate the law. There is no requirement for a microchip to be changed to reflect a new owner if the dog is gifted to someone else. And there is no requirement for a vet to investigate to find out who the registered microchip owner of a dog is.

.

.

thanks

Barrister

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Customer reply replied 1 month ago
Thank you for responding, so how do you prove legal ownership

That is the tricky part... normally when someone makes a gift, there may be witnesses, there may be written communications about it, maybe a card, etc. so that there is some proof that the gift occurred.

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But if this was a verbal "Here, i am giving you the dog" kind of thing, then it comes down to circumstantial evidence if this got to court as to proving that happened... How long did the 2nd person have the dog? Is there any evidence of the 1st person asking for the dog to be returned? Any witnesses who could testify that the 2nd person just took the dog?

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In that situation, it boils down to who a judge believes more..

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,061
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Customer reply replied 1 month ago
Got it, thank you for your help. Much appreciated. 5 stars
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Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,061
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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