Agistment for Horses

Things you should know

Many horse owners keep their horses on land that is owned by someone else. This is called horse agistment.

Unfortunately disputes can arise, usually over horse agistment fees. To clarify the rights of landholders and horse owners in these situations, changes were made to the laws that cover horse agistment – the Impounding of Livestock Act, 1994.

What is...?

Agistment: A landholder allows another person's horse to be kept, or agisted, on his or her property for a fee.

Lien: a legal process that gives the landholder possession over the agisted horse until money owed on it for agistment is paid or the horse is sold.

Written agreement: a legally binding document, signed by both the landholder and horse owner, detailing the terms of agistment.

Did you know?

• Recent changes to the Impounding of Livestock Act 1994 are designed to protect landholders and horse owners when there is a dispute about payment of horse agistment fees.
• An agisted horse can now be held by a landholder, sing a lien, until all money owing on it by the horse's owner is paid.
• Horse owners have 14 days to pay owing agistment fees. After that time, landholders can create a lien over the horse.
• A landholder can claim up to three months of owing agistment fees.
• Agistment arrangements can be either written or verbal (spoken).
  

Benefits of written agreements over verbal agreements

In a written agreement, the terms of agistment are clearly stated so there is less chance of a dispute arising through misunderstandings.

Both the landholder and horse owner know exactly what their responsibilities are, what the fees are, when they are due and what happens if they are not paid.

This also prevents the landholder having to care for a horse that is not being paid for.

Creating a lien

• The landholder must serve a 'default notice' on the horse owner in accordance with the Impounding of Livestock Act 1994.
• The horse owner has 28 days to pay the money owing.
• Once 28 days has passed, if the money is still owing, the landholder may sell the hose at public auction or by public tender to recover his/her costs.

Once a lien is created, the horse owner must not remove the horse without the consent of the lien holder. However, if the horse owner pays the money owing or the lien holder signs a notice withdrawing the default notice, the horse owner can recover possession of the horse.

As a final act, the horse may be exchanged, disposed of or destroyed in accordance with the Impounding of Livestock Act 1994 if it does not sell at public auction or by public tender.

If the horse is unsuitable for sale, it may be exchanged, disposed of or destroyed without first offering it or sale if a veterinary certificate stating that the horse is unsuitable for sale is obtained.

Agistment Kit

A kit of information about agisting horses is available from the Department of Primary Industries in hard copy of CD format.

This kit includes:

Liens for Agistment of Horses

Step-by-Step ILA Lien Guide

Sample Default Notice

Sample Newspaper Notice

Agistment Contracts for Horses Agnote

Sample Horse Agistment Agreement

• Code of Practice for the Welfare of Horses
• Condition Scoring of Horses
• Small Farms- Grazing Management
• Fact Sheet - Horse Agistment Liens

Note that a person using the above information should conduct independent enquiries to verify its accuracy, and its application to him or her.

To obtain copies of this Kit please contact the Customer Service Centre on 136 186.

To order free brochures on the horse agistment lien legislation, contact the Bureau of Animal Welfare, on 9217 4200.

The horse industry has produced more detailed guidelines for using agistment agreements. This document can be found at Australian Horse Industry Council (external link) under "Contacts and Links" and then "General Horse Industry Information".

For agistment agreements for the racing industry, contact Racing Victoria Ltd on (03) 9258 4258 or Harness Racing Victoria on (03) 9375 4255.