VIC Horses kept on private land

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CEdwards

Member
9 January 2020
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0
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I have a small vacant acreage in northern Victoria. An ex tenant of mine whome i rented a house to kept 2 of her horses on my property which was a completely separate address to the rental property.

One horse has since passed away and when I evicted her from my rental property through VCAT due to no rent being paid for months, she moved 75 kms away and left her remaining horse behind on my other property. I told her to remove the horse asap as i also want to sell the land. She ignored my request and the horse still remains on my property. Since then, and without my permission, she has also put 2 additional horses on my land.
These 2 additional horses have escaped twice and i was alerted to them being present on my property via a letter from the local council Ranger who had already inpounded the animals at least twice since they have been on my property.

I want the horses gone as they are a liability.
Ive asked her to remove them all immediatly via email and verbally but she just ignores my requests.

What course of action can i take to have them removed so i can sell the property and know that they wont be left there after the next owner takes possession??

There is no contract or lease on this vacant acreage. It was an agreement to help my ex tenant out while she moved out of her previous house.
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,380
892
2,894
For the benefit of the horses, give the owner a chance by sending the owner written correspondence. It isn't the fault of the horses. Notify the owner that the horses are trespassing, you will impound the horses within x days (no legal minimum, though suggest a minimum of 7 days as there doesn't appear to be any urgency), then notify the council to collect and dispose of the horses.

Costs can be claimed, though if the owner can't pay rent I don't like your chances of obtaining costs.

You have to follow a set process. Ask your council if they will help. If they won't help, let me know and we can help.
 
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