What should you do if someone has something of yours and they won’t give it back? You might be surprised to learn that people often find themselves in this situation and one way to get your property back is a “property recovery order.” This involves proving to a court that the item belongs to you and the other party does not have a right to retain the item.
Interestingly Baker Love has acted for client’s seeking a property recovery order for pets and animals.
Recently we were contacted by a lady who had “leased” a horse to a friend’s friend. Our client requested that the other party return the horse to her when she discovered that the horse had not been kept in good health and the other party refused our client access to the horse.
Upon reviewing the evidence our client had a clear agreement as follows:
- Our client was to remain the owner of the horse;
- The other party would return the horse if she no longer wanted the horse or at the request of our client; and
- The other party was to keep the horse in good health.
After receiving our advice that she would likely be successful if she made a property recovery order, our client instructed us to prepare a property recovery claim so that her beloved horse would be returned to her. Our client told us that this horse was an orphan and she raised him by bottle feeding him and he meant a lot to her.
We wrote to the other party demanding return of the horse within 4 days, and while waiting for a reply we began to prepare our client’s case.
Only two days after we sent the letter to the other party, we received an elated phone call from our client confirming that she would be picking up the horse that day, and later our client confirmed the horse was now in her care.
This was an amazing result for our client because it was quick and low cost.
Although the above matter did not proceed to court Baker Love represented a client who was seeking the recovery of her dog who her friend agreed to look after whilst our client was in hospital. This matter proceeded to court and the court ordered that our client’s lovely dog be returned to her.