Abandoned Horses and Tack

Abandoned tack and horses are fairly common problems for boarding facilities. Many boarding stable owners try to prevent this problem by specifying in their boarding contracts that items left behind at the end of the boarding term will be stored for a fixed period (e.g., 90 days) at the boarder’s expense. To avoid confusion, the contract should also state that after 90 days, the left-behind items will become the boarding stable’s property.

If your boarding contract does not currently address this situation, and you have left-behind equipment occupying valuable space, you might wish to send the property owner(s) a letter stating you believe they own certain items (list the items) on your property, and if they do not remove those items by a certain date (e.g., two weeks), you will begin charging them a specified monthly storage fee (e.g., $100) until the items are removed. The letter should also specify that if the items are not removed within a certain period, they will become the property of the boarding stable. To minimize the possibility that the former boarders could claim they didn’t receive the letter, you should send the letter via a method that provides for proof of delivery, such as Federal Express.

If you dispose of a former boarder’s possessions without following the above steps, the former boarder might have a legal claim for “conversion” against you, and the amount of potential damages would be the value of their property. In essence, “conversion” occurs when one party who has been entrusted with the care of an item takes that item and treats it as his or her own. Even though you might not have specifically assumed any responsibility for the former boarder’s items, the former boarder might have a reasonable expectation that they could leave items at your facility for a short transition period. Accordingly, it is advisable for boarding stables to have a documented process for dealing with left-behind items belonging to former boarders and to follow that process. For more information, contact us.