For those of us who have stabled our horses at horse boarding barns, it is important to understand the concept of an “agister’s lien” or perhaps you are more familiar with a “stable keeper’s lien.” For a working definition of lien, I’ll look to Webster’s Online Dictionary, “a charge upon real or personal property for…
If you lost the bill of sale, will your breed registration certificate prove ownership? The answer is, in Oklahoma, maybe. Case law is sparse on what proves ownership of a horse. A couple very old cases, 1856 and 1909, describe possession and general acts of ownership, i.e. riding, are evidence of ownership. See Barnes v.…
In my last blog post, I discussed Oklahoma's laws designed to eradicate Equine Infectious Anemia. Failure to comply can result in civil and criminal penalties. Today, I am sharing a newly published report commissioned by the USDA which shares equine health metrics within the United States. In December 2016, the USDA's non-regulatory division - National Animal…
You may ask why I would write about the EDCC in an equine law blog? Many states including Oklahoma have laws that require horse owners to take certain steps to prevent the spread of disease. For example, a horse boarding facility could have liability if a boarding horse is injured or dies because the facility…
How do you place a dollar value on your horse? This is something you may need to do for a variety of reasons such as to insure your horse, sell your horse, or maybe to claim damages in the event of a law suit... While there is no hard and fast formula for computing a…
In my last blog, I shared with you a basic overview of how the risk of loss passes from a “Merchant” Seller to the Buyer in a horse purchase transaction. As promised, this blog will outline how the risk of loss passes to the Buyer when the Seller is NOT a “Merchant.” To review, as…
In Oklahoma, selling a horse is considered to be a "sale of goods" and is governed by statute. This is true whether you have a written sales contract or just an oral agreement. For purposes of this blog post, I am using agreement and contract interchangeably. Oklahoma Statutes Title 12A: Uniform Commercial Code Things to consider…
Oklahoma Equine Law 