Overview of Texas Stock Breeder's Lien

Who has a stock breeder’s lien, and to which animal(s) does the lien apply? An owner or keeper of a stallion, jack, bull, or boar confined to be bred for profit has a preference lien on the offspring of the animal for the amount of the charges for the breeding services, unless the owner or keeper misrepresents the animal by false pedigree. In the case of a stallion, the lien would be on the foal resulting from the breeding, but would not extend to the mare that was serviced by the stallion.

How long does the stock breeder’s lien last? The stock breeder’s lien remains in force for 10 months from the day that the foal is born, but the lien may not be enforced until five months after the date of birth of the foal. The lien exists during these time parameters, regardless of whether the mare or foal is still in the possession of the stallion owner.

How is the stock breeder’s lien enforced? Your foreclosure has to comply with Sections 54.044 and 54.045 of the Texas Property Code. The stallion owner would seize the foal produced by the stallion, usually with the assistance of the sheriff’s department. Before selling the foal at public auction, the stallion owner must first send the mare owner a written notice complying with Section 54.045 of the Texas Property Code.

This entry addresses only the law in Texas.  The University of Vermont's website, Equine Law and Horsemanship Safety, provides a list of breeder's liens in other states (scroll to bottom to find your state).

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