Horses and the law: what horse owners and equine businesses need to know

Whether you are buying your first horse, running a livery yard, loaning out a much-loved pony, transporting horses for clients or managing day-to-day care on a busy equestrian premises, there is a legal side to these arrangements that is easy to overlook until something goes wrong. Our new CLA handbook 99, ‘Horses and the Law’, is designed to help horse owners and equine business owners understand that side of the picture.

In this article, we offer a taste of the issues that the handbook explores, from sales and shared arrangements to liability, welfare, contracts and disputes – demonstrating why the practical guide could become an essential reference for anyone responsible for horses or the businesses built around them.

Horses occupy an unusual place in law. They may be beloved companions, competitive partners, business assets or all three at once. That emotional and financial significance is exactly why disputes can become so difficult. A horse that is mis-sold, injured while in someone else’s care, or involved in an accident can raise questions about contracts, negligence, insurance, ownership and welfare all at the same time.

Many of the disputes that affect horse owners and equine businesses begin with ordinary arrangements that feel informal at the time. A horse goes on loan to a friend. You agree to let someone graze their horse in one of your fields. A verbal agreement is made with a yard. Then later on, a disagreement over something no one had considered at the outset arises - emergency veterinary treatment is required and administered (or not), livery fees start to be invoiced, notice periods enforced, 24/7 access to the horse is expected but not allowed. Suddenly everyone involved is faced with questions they never expected to ask.

Parties to such agreements are increasingly realising they need the reassurance of clear terms set out in writing to provide a better understanding of where they stand.

Our new handbook, Horses and the Law, focuses on the issues that most often catch out owners and equine businesses in real life. Not in dense legal language, but in practical terms that reflect the decisions made every day in yards, fields, arenas and stable offices. Here are just a few of the questions that sit at the heart of the handbook:

• Buying and selling horses: What happens if a horse turns out not to be as described? What is the difference between a private sale and a business sale, and what should both sides record in writing?
• DIY livery vs full livery, grazing agreements, loan & lease arrangements: Who is responsible for what? What notice periods are reasonable and what to do about any unpaid fees? What template agreement should be used?
• Liability for injury or damage: If a horse injures someone or causes damage, where does responsibility fall for the owner, the yard, the rider or the service provider?
• Welfare and duty of care: What does responsible ownership and responsible business practice look like in legal as well as moral terms?
• Clients, contractors and professional services: What happens when a disagreement involves a trainer, vet, farrier, transport provider, instructor or another equine professional?
• Tax, insurance and risk management: Are you liable for business rates? Have you got suitable insurance cover?

For horse owners and equine business owners alike, these questions are rarely abstract. They arise when emotions are already running high, money is tight, a client relationship has broken down, or a horse’s welfare is causing urgent concern. That is why the handbook is so valuable. It does not encourage confrontation; it helps readers recognise risk early, ask the right questions from the outset and put sensible protections in place before a friendly arrangement turns into a stressful dispute.

What makes our updated handbook especially useful is its combination of breadth and practicality. Rather than focusing narrowly on one issue, it maps the wider legal territory around horses in a way that is easy to follow. From planning to tax to water, readers can expect clear explanations of the main areas of law that affect equine ownership and equine enterprises. It also provides guidance to help you understand where caution is needed, when professional advice may be sensible and template documentation to help prevent future problems.

Whether you own one horse for pleasure, care for a child’s pony, compete regularly, run a livery yard, provide transport, offer training, or manage an equine business with clients, staff and multiple responsibilities, the handbook is written for the realities of the horse world. It also makes clear that understanding your responsibilities, knowing your rights and recording important terms properly can save an enormous amount of worry later on.

In addition to the handbook, CLA members are able to contact their regional office or our London experts to discuss equine matters such as:

• proposed equine diversifications (arenas/ equine holidays/ hosting competitions etc)
• where and why it might be useful to graze certain sites with horses for ecological reasons
• access matters such as diversions or temporary closures to bridleways – or creating new permissive routes, employment matters at horse yards
• planning enquiries relating to proposed or refused equine applications and also the re-use of old/ disused stable yards.
• advice on compulsory purchase matters if your holding is likely to be affected by a utility or other infrastructure scheme
• your rights where you think a neighbour should be more pro-active at controlling ragwort