# Reptile ownership laws?



## strictly_scales (Sep 10, 2008)

Hi,

Can anyone be of assistance- having a few issues regarding ownership of 2 of the snakes in my collection.

Snakes in question- female Rosy Boa, male Taiwan Beauty. 

Reason- when my ex-girlfriend walked out of my flat back in March, she left everything, including these snakes, both housed in my Viv's, being fed and cared for by me. Now, 6 months later she wants them back and I'm reluctant- as far as I'm concerned, after 6 months they would be in all probability dead if I hadn't continued caring for them. Any opinions welcome, and if anyone can shed some light on legal rammifications connected to this, I would be most appreciative. Shes now threatening legal action.


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## bendigo (Jan 28, 2008)

who brought them?
did she ever say she would be wanting them back?
did she at anytime say keep them?

snakes can go for quite a while without food and although hungry theres a very good chance the snakes would still be alive


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## Plutino (Aug 5, 2007)

I don't know the legality of it, but if they are 'hers', and she wants to sue for them, she should be required to pay for lodging at yours including electricity, boarding space, food and time/petrol to get the food, and time spend looking after these animals that otherwise could have been spent working/earning or having a different quality of life. In all she'd owe you a lot of money and then she'd be able to get her animals back I'm guessing...if she were to sue that is. I can't see her getting them back w/o compensation if going through the courts, unless she's got a pricey lawyer, in which case she's gotta pay out anyway. The only way they could be deemed hers I think is if they were hers before she met you. If you bought them while together and she left without them and hadn't enquired for 6 months I don't think she'd be awarded them.


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## gtm (Jan 23, 2008)

Animals are legal regarded as 'Chattels' - ie objects that an individual can own (like a TV, Car etc). If she paid for them & did'nt gift them to you then she still has legal title to them & you will probably have to give them back. You could argue she 'abandoned' them & they therefore now belong to you but IMO that a long shot. I don't think you would be able to recover the costs of caring them from her unless you can show it was agreed that she would compensate you for this - reason being there is no contractural obligation for her to pay you for their upkeep. You choose to look after them.


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## cannotstopbuyingballs (Dec 29, 2007)

strictly_scales said:


> Hi,
> 
> Can anyone be of assistance- having a few issues regarding ownership of 2 of the snakes in my collection.
> 
> ...


I would take legal advice, if they are hers can she prove that ? I feel that you will be due compensation if you have to give them back


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## cannotstopbuyingballs (Dec 29, 2007)

bendigo said:


> who brought them?
> did she ever say she would be wanting them back?
> did she at anytime say keep them?
> 
> snakes can go for quite a while without food and although hungry theres a very good chance the snakes would still be alive


 
need someone to water then though or they would be dead with in a week


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## Magik (Jul 22, 2008)

clive1973 said:


> need someone to water then though or they would be dead with in a week


Maybe not a week but certainly a month


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## gtm (Jan 23, 2008)

clive1973 said:


> I feel that you will be due compensation if you have to give them back


 
Why? If I go and clean my neighbours car without him knowing about it I cannot expect to be paid for my work - the same principle applies here.


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## Ssthisto (Aug 31, 2006)

However, cleaning the neighbour's car isn't quite the same as your neighbour housing his pets in your house... TBH, they required certain "upkeep" that it was not agreed that the original poster would be responsible for!

The ex-girlfriend abandoned them in the OP's house and (unless there is more to the story) did not make any arrangements to ensure they would be fed and cared for. Therefore, the OP was not required to perform upkeep on those animals - he could have disposed of them or insisted they be removed immediately.

I'd be asking for their upkeep and stating that the equipment does NOT go with them if it were me in the original poster's position; I would not assume I was allowed to keep the snakes however.


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## gtm (Jan 23, 2008)

Ssthisto said:


> However, cleaning the neighbour's car isn't quite the same as your neighbour housing his pets in your house... TBH, they required certain "upkeep" that it was not agreed that the original poster would be responsible for!
> 
> The ex-girlfriend abandoned them in the OP's house and (unless there is more to the story) did not make any arrangements to ensure they would be fed and cared for. Therefore, the OP was not required to perform upkeep on those animals - he could have disposed of them or insisted they be removed immediately.
> 
> I'd be asking for their upkeep and stating that the equipment does NOT go with them if it were me in the original poster's position; I would not assume I was allowed to keep the snakes however.


Common sense wise & ethically the ex should cough up for the cost of up keep but legally she has no obligation to what so ever.


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## spend_day (Apr 10, 2008)

just found this looks like it could help u out (its about family pets and devoirce but rather than seperation but an interesting read) BBC NEWS | Magazine | Horses for divorces


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## Athravan (Dec 28, 2006)

If an animal is not claimed in 7 days the RSPCA can legally claim it as their own and put it up for rehoming. If you claim it after then, they do not have any obligation to return said animal to you. If she had left and you had been stuck with these animals and sold them on, or given them away, I suspect there is little she would be able to do it about it 6 months down the line.

Anyway, I seriously doubt she is going to sue. It seems to be something people throw around all the time these days, without realising the expense of court costs, which would far outweight the cost of her compensating you for the money you have spent on these animals.

I would suggest you just sit down, work out exactly what you have spent on them, and what a fair market price is. Either you buy the animals off her, or she pays you for what it has cost to keep them. This will work out a LOT more cost effective than going to court into a custody dispute over pets.


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## Geomyda (Aug 11, 2008)

clive1973 said:


> I would take legal advice, if they are hers can she prove that ? I feel that you will be due compensation if you have to give them back


I think that he has already rec'd legal advice in this thread, and therefore suggest that he "cuts his losses"


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## gtm (Jan 23, 2008)

Geomyda said:


> I think that he has already rec'd legal advice in this thread, and therefore suggest that he "cuts his losses"


 
For the record I'm a qualified solicitor & I'm as confident as I can be that what I said is correct.


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## dragonsRus (Jun 1, 2008)

well if you want an easy way to settle this
just give them to me !


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