From time to time, our Equine team
publishes information that provides useful background
information and guidance on key issues relevant to individuals and
businesses in the equine sector. Below we list a selection -
please click on the links provided for more detail.
-
Driving licence requirements relating to
horseboxes - the relevant provisions are contained in
the Motor Vehicles (Driving Licences) Regulations 1999 as amended.
If the horsebox has a maximum authorised mass which exceeds 3.5
tonnes but not 7.5 tonnes then a category C1 licence is needed. If
the MAM exceeds 7.5 tonnes then a category C licence is
required.
- Loaning
horses - it can often seem an attractive option to
loan a horse rather than buying a horse or pony of your own because
you do not have the initial costly outlay and you always have the
option of returning the horse if it doesn’t work – well that’s the
theory at least!
- Livery
agreements - legal claims against livery yard owners
or irresponsible clients are on an increase. It is therefore,
sensible to enter into an agreement in the first place, ensuring
both parties know who should be doing what.
- Importing
from the EU - the emergence of a truly global market
for commercial goods has not escaped the equine world, with a host
of horses/ponies on display at the click of a button via an
internet browser.
- Syndication
agreements - syndication agreements are contractual
agreements setting out the arrangements between a group of people
who have pooled their resources to acquire a horse. Syndication
agreements are commonly used by groups of people wishing to
purchase a stallion for breeding purposes.
- Small claims
- claims not exceeding £5,000 will normally be allocated to the
small claims track in the County Court and do not require legal
representation.
- Is
planning permission required? - equestrian properties
often throw up planning problems because the keeping of horses
appears similar to agriculture and many people (wrongly) assume
that they are an agricultural activity.
- Personal
injury and compensation - if you or your horse has
suffered an injury, no matter how trivial, it is worth finding out
from a solicitor if there is any possibility of claiming
compensation.
- Buying
and selling horses - your legal rights will depend on
whether you bought your horse from a private seller or someone
selling in the course of a business, for example a dealer or
breeder.
- Certificate of Lawfulness of
Existing Use or Development (CLEUD) - when purchasing
equestrian property and to pre-empt problems on a sale, it is
essential to ascertain whether there are any problems with the
planning title. Due to the passage of time many can be dealt with
by obtaining a CLEUD.
-
Commercial tenancies for equestrian businesses
- many equestrian businesses are run on land rented by the business
owner from a landlord. It is extremely important for owners of such
businesses to be clear as to the legislation governing their
tenancy and the implications that flow from that.
-
Employment in the equine industry - anybody hiring
someone, whether part-time or full-time, to provide regular duties
is an employer industry.
- Grazing
arrangements - there are many instances in which horse
owners would like to take grazing, but landowners are reluctant to
enter into an agreement that may constitute a tenancy.
For more information or advice on any of the issues
covered above, please contact
Mark
Charter in Blake Lapthorn solicitors' Equine
team.