Rio Recovered in Alabama after Missing in GA

Rio Recovered in Alabama after Missing in GA

02 January 2013

Rio, Missing in GA from breach of lease agreement, is recovered in Alabama

The recovery of Rio, an APHA bay tobiano gelding, is a complex story with lots of twists and turns, and runs the gamut of emotions from grief to joy. Not all of the details can be released at this point in time since not all facts have yet come to light. This synopsis is relayed by Angela Kirby, NetPosse Executive Coordinator, who personally helped recover and transport Rio back to his legal owner.

Ultimately, this 16-hand, 15-year-old horse was leased by Carolyn to a woman located about two hours from her home. Carolyn confirmed that he was bred specifically to perform high-level dressage. Rio's former owner bred and raised the horse she called "Treasure" before she had to make the hard decision to sell him when life changes required she move out of state. So Carolyn acquired him in 2008, and enjoyed trail riding the horse she nicknamed "Rio."

Two years later, Carolyn's life also required her to make a decision as to Rio's care. While selling him was an option, she was not ready to part with him permanently. Therefore, Carolyn worked out an agreement to lease Rio to a woman she knew had experience with his former training, and to whom she’d previously leased a horse. While the lessee and even another trainer worked with Rio, unfortunately, it became clear that he could be dangerous doing dressage. Because of this, when the lessee was approached by a third party to use the horse and train him to jump until the person could be in a situation to purchase her own horse, the lessee thought perhaps this would be a good mental change for Rio, if only temporarily.

The lessee alleges she subleased Rio under separate agreement, and that he was to be returned, never sold, in a few weeks' time.

As evidenced by Rio's NetPosse report and the subsequent turn of events, this did not happen.

Rio_Recovered_1-2-13_AL.jpgThe person subleasing the horse brought a trainer and met the original lessee at her facility in early 2012, to pick up Rio, who was then transported back to the trainer's property. Rio allegedly remained at the trainer’s facility for several months, and was occasionally ridden by the new lessee. However, according to the trainer, the second lessee abandoned the horse to her care after a few more months.

Early that fall, the trainer, who had absorbed all of Rio’s board and care during this time, shipped the horse to a good friend in Alabama to sell after she had a serious injury and knew she had to place several horses. Once in Alabama, the trainer’s friend, who usually brokers barrel horses, worked with Rio and took her time finding just the right home for him, as she is very particular about any home a horse goes to from her property. She evaluated Rio and discovered that he did not do well in an arena or under English tack, as later substantiated in the owner's accounting of the horse's history. The lady in Alabama discovered that Rio made a good trail horse, so she focused on that skill to find him the right placement.

A few weeks before Christmas, Rio found a good home with a young lady and her family. Once paid for, the family bought tack and provided for his care, and by Christmas, the woman was thrilled to know that Rio was hers.

But the serene Christmas memory was shattered when the family was told a few days later that Rio might not have been legally sold to them. Those involved in the transfer of the horse from Georgia to Alabama were devastated to learn that Rio actually belonged to another person in Georgia who didn’t intend on selling him. In fact, Carolyn’s lease agreement clearly stated that this horse was not to be sold nor was the lessee to move him without permission.

Blindsided, those involved were reluctant to simply turn the horse over to someone claiming ownership, which is understandable. This is where NetPosse was able to help connect the people who had been affected by the unauthorized transfer of Rio's custody and substantiate Carolyn's story.

After many conversations and the submission of documentation, the parties came together so that a wrong could be righted even if it was a difficult thing to do for many involved.

I personally had the opportunity to meet the lady and family in Alabama who had tried to do right by this horse. The morning of January 2, 2013, I borrowed a trailer and drove almost two hours to take custody of Rio from this lovely young lady. The scene is one I do not care to repeat. The girl's heart broke as she handed over Rio's leadrope. We hugged and cried together ... this grief was difficult to deal with because these are the victims so many often do not realize exist when recovering a missing or stolen horse.

To make the moment even more difficult, I was told it was the young lady's birthday. So she was deprived of her Christmas present on her birthday. There are no words to describe the sadness.

Reluctantly, I got back on the road as I had the longest leg of the journey ahead of me. Three hours to the dropoff point with Carolyn. After allowing a few moments to put the scene behind me, I stopped to check on Rio and send Carolyn a picture of Rio. I then called to let her know I was headed her way and when to expect me.

We had agreed to meet in, of all places, an auction yard in a small town off the beaten path. We decided it would be a safe location to unload Rio then transfer him to Carolyn’s trailer.

Thankfully, the entire trip was uneventful other than picking up Rio and then meeting Carolyn.

The day ran the gamut of emotions as the morning was filled with anxiety and sadness, meeting Carolyn and reuniting her with Rio, whom she hadn’t seen in a year, was heartwarming. Obviously Rio recognized her and, of course, enjoyed the cookies she brought him.

After talking to Carolyn a little while and learning more about Rio’s aversion to dressage, we said our goodbyes so she could get him back to the barn before dark.

Over the course of this case, many questions have been asked; some have been answered while others might never be. How can an owner lease a horse two years prior and not know that he was missing for almost a year? How can someone agree to lease a horse then transfer the horse to someone else’s possession? How can someone abandon a horse when she knew the horse was to be returned? How can someone sell a horse without having clear authority to do so?

Rio_July2013.jpgAt NetPosse, it is not our job to play judge and jury for those involved in transferring this horse from Georgia to Alabama and offering him for sale. However, when it comes to a lease, the one Rio was under happens to be one of the best this organization has seen in more than a decade. The terms and conditions of the lease are clear.

Whether a lease is 30 days, three years or longer, is irrelevant as long as the contract does not allow for the eventual transfer of ownership or give any authorization to sell the horse. Owners enter into lease agreements with third parties for a variety of reasons and allow the lessee to temporarily take over care of the animal while receiving the use of the animal. Ultimately, a lease is created in an effort to provide for that horse outside of the owner’s custody, yet the owner retains authority over any final decisions regarding the disposal or possession of the horse.

More lease agreements need to be in writing to protect the owner and the horse. In Rio’s case, he was fortunate in that he was placed in a good home and didn’t wind up at a horse trader’s, in a feedlot, or in the auction circuit as many horses do. Carolyn has the foresight to have a solid contract in place, the assistance of NetPosse when the agreement was breached, and many individuals willing to do the right thing when called to do so.

As for selling a horse without authority, keep in mind that horses are not sold in the same manner a vehicle is. Many wonder how a horse with registration papers can be sold, but horses are sold as grade every day. Unless a horse has permanent ID there is little to signify that perhaps ownership should be questioned. When selling almost any type of property, it is buyer beware as there is no court recording or transfer of title required. Rarely do sellers ever offer any proof of ownership. Instead they are taken at their word that the horse is legally theirs to sell.

In this particular situation, the person in possession (second lessee) claimed ownership (according to documentation provided) then, according to the trainer, she abandoned the horse for a number of months. Prior to disappearing, the documentation also shows the "lessee" was attempting to sell the horse herself. Finally, the trainer enlisted a friend to help find the horse a home as she could no longer foot the bill. The alternative for Rio could have been a sales barn where he had a chance to wind up in the auction circuit or even on a slaughter truck. Instead, Rio is safe and reunited with his legal owner.

A lot of people came together and worked hard to make this happen.

Thank you to everyone who helped Rio return home to Carolyn. We now hope that justice is served and those who are victims are compensated … and most of all, we hope the family who came to love Rio finds that special horse that is meant to be.

Angela Kirby
NetPosse Executive Coordinator
January 2, 2013

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