QLD Daughter Wants Her Horse Back?

[Kara wilkinson]

My daughter was given a horse 7 months ago and we moved our horses out of her paddock. We leased the paddock. She has now said she wants the horse back as we had a verbal agreement to only lease the horse.

This is not true. What can I do?

 

[Lance]

Hi,

Do you have any ownership papers for the horse or was the gifting of the horse verbal as well? I ask because, technically, without some sort of proof of ownership, it could be a difficult battle, especially if the previous owner still holds the record of ownership.

If you have records such as vet fees and upkeep outgoings it could go towards proving ownership but it will likely come down to a he said she said and the person with the most convincing documentation will likely win.

 

[Kara wilkinson]

Thank you for your reply. The horse was saved years ago from the knackery is her words and she messaged me saying she is sitting in the paddock doing nothing. Yes, it was verbal to myself and my daughter.

 

[Lance]

Hi Kara,

Probably wishful thinking, but I don't suppose the lady put anything else in the text that could be interpreted as gifting the horse to your daughter.

 

[Kara wilkinson]

Hi Kara,

Probably wishful thinking, but I don't suppose the lady put anything else in the text that could be interpreted as gifting the horse to your daughter.

She sent a photo of the horse saying this is for "S and just the general stuff. Thank you very much. S loves her."

She has told the police a different story as they came and said I need to return the horse by Monday or I will be charged? My daughter is absolutely devastated and I didn't think it was a police matter I thought it would be civil

 

[Lance]

Hi Kara,

It sounds like the woman has got a bit nasty. The detail in the sms may be considered a contract but it really depends on the exact wording and whether it is considered or can be interpreted as a contract. Personally I would speak to a lawyer and show them what you have, but I wouldn't ignore the police direction.

I hope you can sort this issue out.

 

[Kara wilkinson]

Hi Kara,
It sounds like the woman has got a bit nasty. The detail in the sms may be considered a contract but it really depends on the exact wording and whether it is considered or can be interpreted as a contract. Personally I would speak to a lawyer and show them what you have, but I wouldn't ignore the police direction.
If you are interested in contacting a lawyer in your area you can find one at: https://lawtap.com/au/

I hope you can sort this issue out.

Thank you very much, yes, we returned the horse as soon as they left.

Thanks for your help