Legal Question in Civil Litigation in Virginia
Horse as a ''gift''?
My daughter's friend ''gave'' her a horse she had rescued. At that point she didn't have anywhere to board the horse and was going back to college. There was never any mention of payment. She sent us the vaccination record so we could board him. We have found a stable to board the horse and have been taking care of him for the past month. The agreement was to see if my daughter thought she would want to keep the horse. Now her friend is saying we owe her $1,000 for the horse and if we don't pay she's coming to get the horse. The ''friend'' says she has had an offer for the horse. We want to keep the horse and have fallen in love with him. What are our rights?
2 Answers from Attorneys
Re: Horse as a ''gift''?
The issue in this case is whether there was a gift of the horse or a contract for sale or a loan. If there was a gift of a horse the title would transfer to you; if there was not, the title would stay with the original owner, who then would be entitled to sell the horse to whomever. I would advise consulting an attorney directly to fully review the facts of your case and how to proceed. However ultimately the situation may need resolving in court.
Re: Horse as a ''gift''?
This is probably one "gift horse" that your daughter should probably "look in the mouth", to paraphrase an old saw, and just return the horse, making sure that you are properly reimbursed for all stabling and other costs associated with keeping the horse.
Who knows, maybe the true owner of this horse from whom the animal was supposedly "rescued" will also make her or his appearance on the scene, and also demanding the return of the animal.
If your daughter wants a horse and you have the means to keep such an animal, there are plenty to choose from which are not burdened with dubious or questionable claims of ownership which may suddenly appear out of the blue to vex your mental equilibrium in the future.