The Legal Considerations of Owning and Leasing Horses in Germany

German Equine Lawyers

The Legal Considerations of Owning and Leasing Horses in Germany

German Equine Lawyers

There are many legal aspects that must be considered when deciding to own or lease a horse in Germany, such as taxes, insurances, liability and the terms of the lease agreement. Parties involved need to understand their rights and responsibilities according to German law, as such understanding is the best way to protect their interests and avoid potentially costly disputes.

At Schlun & Elseven Rechtsanwälte, our full-service approach allows us to support owners, lessees and lessors in such cases. Our team of equine lawyers are ready to advise you on all legal matters relating to lease agreements, legal disputes and related issues. If you require our support, please do not hesitate to contact our law firm directly.

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The Legal Rights and Responsibilities of Horse Owners and Lessees in Germany

Horse owners and lessees must be aware of their legal rights and responsibilities under German law. Various laws and regulations, including civil and criminal law, regulate such matters, including the German Civil Code (Bürgerliches Gesetzbuch or BGB) and the Animal Welfare Act (TierSchG). Germany has laws relating to animal welfare and the care and treatment of horses, and they include ensuring to provide food, water, shelter and medical care.

Horses cannot be subjected to cruelty or neglect and should be given a safe and suitable environment for their welfare. Horse owners also need to ensure that they take measures relating to the prevention of accidents and injuries. Violations of animal welfare laws can lead to penalties.

In Germany, there are laws on a national, state and local level that apply to the ownership and leasing of horses. By working with our legal professionals, our clients can become familiar with them and therefore, ensure that they are compliant, thus avoiding any legal difficulties.

Horse owners have the right to sell of dispose of the horse in accordance with German law, and owners and lessees also have the right to seek legal remedies if there are infringements upon their rights or the rights of their horse.

When buying a horse, the seller must ensure that the horse is free of defects (§§ 433 paras. 1 p. 2, 90a BGB). Defects in this matter constitute situations where the horse does not meet the agreed quality at the time or delivery or is unsuitable to the use stated in the contract (cf. § 434 BGB). Such matters can relate to health defects, the breed and the specific physical characteristics of the horse. See our page, “Buying a horse in Germany” for more information.

If you require further legal support, please do not hesitate to contact our equine law team directly.

Dispute Resolution Services

Disputes in matters relating to owning or leasing horses are not uncommon. They can arise due to contract disputes, lease agreement issues, accidents, injuries, allegations of cruelty or neglect and many other issues. At Schlun & Elseven Rechtsanwälte, our legal team is ready to represent our clients in resolving disputes relating to horse ownership. Should a dispute arise, our lawyers will advise you regarding resolving the matter via negotiation or other means. Our team consists of expert negotiations, and they will outline the benefits of resolving the matter outside of court and whether it should be the preferred route.

However, there are occasions when the matter needs to be resolved in court or where litigation is preferable. Our team is ready to advocate on your behalf and ensure that you receive excellent representation in such disputes. We will ensure that you are fully aware of the steps taken during a lawsuit in civil (and criminal) courts.

The exact legal remedy will depend on the circumstances of the case; however, they can include damages, injunctive relief and other solutions.

Tax and Insurance Implications of Horse Ownership in Germany

Insurance and tax matters should be strongly considered when buying or leasing a horse in Germany.

Tax implications vary based on the exact circumstances of the situation, but generally, the ownership and leasing of horses are not subject to VAT. However, in commercial matters (where the horse is used for a commercial purpose, including breeding or trading), there may be a requirement to pay VAT based on the income generated by those activities.

Property taxes may need to be paid when owning a horse, and such rates are based on the size of the land necessary for the horse, the location of the land and the tax rate set by the local municipality. Usually, the property tax rate for agricultural land, which often includes keeping horses, is lower than the rate for other types of land use.

It should be noted that if the horse is used for business purposes, its owners may be able to claim tax deductions for some of the expenses incurred related to owning the horse. Such costs include the horse’s feed, veterinary care, and training. Therefore, horse owners need to maintain accurate records regarding such expenses.

Insurance is another matter that needs to be considered by horse owners, especially to cover unexpected events, such as accidents or injuries to the horse or damage to property caused by the horse.

It may be required to obtain several forms of insurance, including liability, medical, disposal, and mortality.

If you are involved in any legal disputes relating to taxes or insurance, please do not hesitate to contact our lawyers directly.

Lease Agreements: Legal Support

If you have decided to lease a horse in Germany, it is essential to consider several aspects of the lease agreement. The lease agreement is the cornerstone of the leasing relationship. Its purpose is to outline crucial aspects of the matter, including the lease duration, the responsibilities of the parties involved, the costs and how the relationship can be ended. As a legally-binding document it is strongly advisable to consult with a lawyer in advance of agreeing to the terms.

A legal professional can provide you with an expertly drafted lease agreement that will consider aspects specific to your situation. At Schlun & Elseven Rechtsanwälte, our firm consists of experts on matters of German contract law and equine law, and can therefore, provide you with legal expertise allied to our in-depth knowledge of equine-related matters.

Our lawyers advise our clients on potential pitfalls or risks within such leasing agreements. Our aim is to protect our clients and their rights and interests under the agreement, and ensure that they are aware of the remedies available to them in case of dispute. Moreover, our team is available to review and negotiate the terms of agreements, and draft contracts that are legally enforceable.

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Practice Group: German Equine Law

Practice Group:
German Equine Law

Dr. Tim Schlun

Lawyer | Managing Partner

Aykut Elseven

Lawyer | Managing Partner

Contact our Lawyers for German Equine Law

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Locations & Office Times

Mo – Fr: 09:00 – 19:00
24h Contact: 0221 93295960
Email: info@se-legal.de
Appointments made by telephone only.

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