What should I know before leasing a horse?

Horses

Should you lease your horse facility to an outside horse owner or trainer?

Leasing a facility, in part or in its entirety, to an outside horse owner or trainer can be a mutually beneficial proposition, but it can have its own problems. Farm owners interested in scaling back, or those looking for an additional revenue source, can consider leasing their facility to someone else.

Should you lease a racehorse?

Leasing a racehorse is a great way to get involved without paying an up-front purchase price. Throughout the term of the lease (usually between 1-3 years) you will be effectively considered as the owner, and be required to pay all costs associated with the upkeep of the horse.

Do you need a lease agreement for a horse farm?

An article for owners that covers the 10 key components to have in your lease agreement when you are renting out your horse farm. There is no standard lease agreement for renting out your horse farm.

Does Landlord Law apply to boarding stables?

Landlord/tenant law generally does not apply to horse boarding relationships unless the boarder lives on the stable property. Therefore, in general, the terms of horse boarding relationships are governed solely by contract (written or verbal). What are the minimum accommodations a boarding stable is legally required to provide?

Do you get access to the horses on a shared lease?

You’ll generally only have access on certain days. Two people usually split a shared lease, which means they each pay for 50% of the horses boarding and care, and they both get access to the horse half the time.

What is the difference between a horse boarding relationship and a landlord/tenant relationship?

Horse boarding relationships, unlike landlord/tenant relationships, are governed solely by the agreement between the parties and not by law. This means that in your boarding contract, you can set your own policy for eviction.

How does a horse boarding contract work?

Typically, horse boarding contracts will specify what type of notice a boarding stable is required to give a boarder to terminate the boarding contract.

Are boarding stables required to provide shelter?

For example, depending on the state and local laws, a boarding stable may not be legally required to provide shelter, and there may be no restriction on the number of horses that a boarding facility can keep on a particular piece of property.

In the four states where we practice, California, New York, Oregon and Washington, there are no laws governing horse boarding, other than animal cruelty statutes and local zoning regulations governing use of the property. Landlord/tenant law generally does not apply to horse boarding relationships unless the boarder lives on the stable property.

Do you need a contract to release a horse’s liability?

It’s not something that’s just ‘the law’ and equally applicable to horses. You need a contract to accomplish that.” Releases of liability (also called “waivers”) are probably the most misunderstood documents in the horse industry. In the many states that enforce liability releases, the courts demand that the releases be properly worded and signed.

Are liability releases for horse boarding agreements enforceable in California?

Contrary to popular opinion, a good quality liability release is usually enforceable if properly signed, even in states such as California. Equine Legal Solutions’ horse boarding stable agreement package includes liability releases.

Can I evict my own horse boarding partner?

Horse boarding relationships, unlike landlord/tenant relationships, are governed solely by the agreement between the parties and not by law. This means that in your boarding contract, you can set your own policy for eviction.

Can a contract be used in a horse boarding case?

Fortunately, many of the principles that apply to contracts and other types of land use and property disputes also work in the world of horse boarding. For example, most of the rights and responsibilities between boarders and stable owners derive from the contract between the parties.

What is the difference between a boarding arrangement and landlord-tenant law?

The most common example is landlord-tenant law. While a boarding arrangement does involving letting a living creature occupy space on someone else’s land, that is about as far as the comparison goes.

Are stables allowed in my area?

Generally speaking, if you are in a rural or agricultural zone, stables are a permitted use. If you are in any other zoning, you should check out your zoning laws ahead of time and be sure you’re in compliance.

What are some common misconceptions about the law of horse boarding?

That being said, a fairly common misconception is that some areas of law apply to horse boarding that, while similar, do not actually overlap. The most common example is landlord-tenant law. While a boarding arrangement does involving letting a living creature occupy space on someone else’s land, that is about as far as the comparison goes.

What is an example of an equine liability release?

Liability releases have provided an effective legal defense in many an equine-related case, including the following real-life examples: During a trail ride on rental horses, one horse bolted and another horse took off after him, causing his rider to fall off. At a boarding stable, a horse had broken part of a tie rack (a type of hitching post).

Are you liable for an equine accident?

Warning: Under (State) Law, an Equine Professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities. As of 2015, only three states (California, Maryland, and New York) did not have Equine Activity Statutes.

A special thanks to Lorna Shepardson of Bellingham, Washington for suggesting this new equine legal form. She’ll receive a free copy of the new equine contract when it’s released.

Do you need a liability waiver for your horse?

Even if your state has an equine activity liability act, you need a waiver signed for your own horse property or business. Editor’s note: This month we are running a series that could help you review your liability exposure on your horse farm or stable.

What is a contract for boarding a horse?

Contracts are written agreements between two or more parties that are enforceable by law. Whether you are boarding a horse for a friend, standing your stallion for breeding, or sending your horse to a trainer, contracts can be instrumental in any equine business agreement. What Is a Contract? What Services Should Be Contracted?

Can a horse owner use a stable as a farm?

A letting to a horse owner to use a stable and enjoy his horse is not protected, but if he puts her in foal, he is a breeding horses and that is a protected agricultural use that could create a farm business tenancy. So it is safer to use a grazing agreement or a proper agricultural land lease.

How many horses can a horse stable handle?

“There is a magic number of horses (which varies, but often occurs around 10 horses) that a facility can handle at a minimum staffing level,” Paxton added. “Often people think adding two to three stalls will increase profits, when it actually increases the need for labor and may not pay for itself.”

How many horses can you keep on your acreage?

Another way of determining how many horses you can keep on your acreage is to estimate 1,000 pounds of horses for every two to three acres of land. This will provide you with adequate space for grazing, turnouts, and proper land management. While we all dream of having a large farm with hundreds of acres, this is not a reality for many of us.

Is summer heat bad for horses?

Janet Johnston, DVM, Dipl. ACVIM, ACVS, shares 10 tips to keep horses comfy and safe in the summer heat. Summer is a great time to ride, but summer heat can be dangerous for horses, resulting in dehydration, lethargy, and general malaise.