Are you owed money from the service of a stallion or bull to another horse or cattle breeder? If you’re in New York, then this post is for you.
Under Section 160 of NY Lien Law, the “owner of a stallion or bull shall have a lien on each mare or cow served together with the foal or calf of each mare or cow from such service, for the amount agreed on at the time of service. . .” However, said lien will not be able to be enforced if the owner falsely states the pedigree of the stallion or bull. See NY Lien Law § 163.
The statute requires that a written Notice of Lien be properly filed pursuant to the procedures set forth in NY Uniform Commercial Code Section 9-501(a). See also Tuttle v. Dennis, 11 N.Y.S.600 (1890) (stating that a lien for the service of a stallion attaches against the mare and her foal at the time of the service so long as the Notice of Lien is properly filed).
The Notice of Lien must include the following information: (1) specify the person or legal entity that the claim is made, (2) the amount of the claim, and (3) description of the property (e.g., mare/cow and foal/calf) upon which the lien is claimed. Once filed, this lien will terminate in 1.5 years (18 months) unless foreclosure procedures were commenced during this period pursuant to Sections 206-210 of NY Lien Law. The lien is not given any express statutory priority over other liens.
Lien law requires strict compliance with the statutory requirements. You are highly advised to seek counsel.Lien law is state specific so make sure to contact a lawyer licensed in your jurisdiction.