Experts from specialist solicitors Martineau answer riders’ legal problems
Q: A year ago, a friend and I bought a horse together. I paid for the horse and we share the stable duties, while she trains him and competes him. I’ve now been offered much more than I paid by a professional rider, but my friend says we can’t sell. We have no formal agreement, so where do I stand legally?
A: Does the horse’s passport record you as the owner? If so, this would certainly permit you to sell the horse and in any dispute with your friend and/or the purchaser would be evidence that you were the legal owner and had the right to sell.
In any case, the purchaser who acts in good faith and isn’t aware of any claim by your friend is entitled to assume you have what lawyers term “good title” to the horse. This, in practice, means you can pass legal ownership to the purchaser. This is implied by section 12 of the Sale of Goods Act 1979.
Thereafter, any claim lies against you and not the purchaser and would be for damages, i.e. payment of money to reflect your friend’s loss.
It does seem strange for you to be called co-owners. I say this is because you paid the full purchase price. You also share the stable duties and, I assume, the cost of the horse’s upkeep. Is riding the only — admittedly important — contribution your friend is making? This type of arrangement isn’t uncommon because many riders cannot afford to buy or pay the costs of looking after a competition horse. However, this does not — without something being agreed — give the rider part-ownership.
Of course, you might have agreed something at the time of buying the horse. For example, you might have expressly agreed that your friend’s riding of the horse would be in return for an equal share.
The simple lack of any formal agreement isn’t sufficient to prove that you’re the sole owner, but a written one clearly helps to avoid such problems. This is why lawyers always advise clients to record, even on a single sheet of A4 paper, what has been agreed.
To summarise, it looks like you do have the right to sell the horse. That being said, you might value your friendship more than the price offered.
Questions answered by Michael Craik, partner, and Nicola Cardenas-Blanco, solicitor, of Martineau solicitors www.martineau-uk.com
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