horses on land

[emlett]

someone has left some horses on this guys land, we got a process server to put notices up on the gates saying that they must be removed and he wants possession of his land within 14 days.
horses are still there, they don't look uncared for so the charities aren't bothered about coming to get them

any idea on the proper procedure to get rid of them?

[terambulan]

If the 14d warning has expired and been ignored, and you don't know the owner, you can sell them at auction. Keep all income, staff, travel receipts etc.

Should the owner seek recompense, in Court or elsewhere you must pay. Only pay difference after exes, ie grazing/transport/staff (handling etc). Owner may find he owes field owner?

[emlett]

thanks terambulan. "14d" warning? would this have any specific content? I think we just kept it quite general i.e. remove these horses within 14 days as owner requires possession of land.

is there any legal basis for removal and sale of horses that we can rely on if an aggrieved owner turns up?

we were told that x who is "a pikey" and who may be violent from the sound of the nickname COULD be the owner of the horses. Our process server is making further enquiries at the moment but if he is the owner and if he refuses to remove them, then presumably the owner of the land should find someone brave to serve him with another warning and then could remove and sell the horses if no compliance?
thanks- any help would be appreciated.

[Ethel]

Just turn them out.

[emlett]

ethel - LOL- seems a bit mean - although my suggestion was that they put up a notice saying that the gate would be removed in 14 days and then remove gate and inform the environmental health people that they were loose and a nuisance!

thing is, the owner of land wants to do it properly and not endanger the horses.

[Ethel]

In that case, halter them and tether them in a safe place on a public verge

[terambulan]

Do not turn horses out onto street or anywhere to cause a hazard or damage to anothers property, as you would be liable for costs.

Get the 14d grace witnessed (by friend or such) then do as I first suggested. You can't sell from field so box 'em & take to market.

[emlett]

ethel
and then phone rspca as being abandoned - sounds like a plan - i don't get paid enough to chase ponies round a dirty field!

i just wondered if there was a possession/trespass action we could use for a court order that if the horses are not removed, then we could remove/sell them/get a charity to pick them up.

[terambulan]

The legal basis is Trespass.

[terambulan]

police/rspca etc not interested as horses are safely contained.

You can advertise them on a website for loan/sale....gumtree.com. Receipts emails etc kept....but you would then be incriminating a 3rd party.

I would remove them from the area to an auction-house elsewhere.

[emlett]

cheers terambulan

owner really wants a court order to give him proper authority if aggrieved owner come calling and am not quite sure how to phrase an application whether it be a possession action claim against persons unknown (the owners obviously not the horses!) or a claim for trespass on a normal claim form

[mrs_overall]

I have several nice recipes for horsemeat.......

[emlett]

mrs_overall - i am shocked!

[cassa333]

14 days notice then get rid of the horse. You can then say that it went and you thought the owner took it.

Mind you they then have to proove they owned it and that they were trespassing.

[terambulan]

Where are the horses located? Anywhere near Surrey?

[emlett]

essex somewhere
sounds like there is an owner who may indeed be a "pikey"
i guess we are going to have to lodge a claim with the court asking for an order that he removes the horses asap. Christ knows what legislation i need to use, nasty feeling we'll have to send it over to counsel - cha-ching!

[cassa333]

Take the horse to the nearest sutable rescue senter and say you found it hanging around your field.

If someone dumped their car on my driveway I would get rid of it....