Unless a particular jurisdiction grants a breeder a common law breeder's lien or has a statute providing for such a lien, a breeder should specifically contract for such a lien for the breeder's service fee.
The Texas Reservation of Lien for Payment of Breeding Services Pursuant to Contract or Lease of Animal for Breeding Purposes is a legal provision that allows breeders and lessors of animals to assert a lien on the animal to secure payment for their breeding services. This lien is established in accordance with the terms of a contract or lease agreement entered into between the parties involved. In Texas, there are two types of reservations of lien for payment of breeding services: the statutory liens and the contractual liens. 1. Statutory lien: This type of lien is created and governed by the Texas Property Code, specifically Chapter 70, which primarily addresses liens on personal property. Section 70.104 of the Texas Property Code specifically addresses the lien for breeding services rendered on an animal. Under this provision, the breeder or lessor can file a lien on the animal to secure payment for the breeding services they have provided. The statutory lien provides legal protection for the breeder's right to payment and enables them to take legal action to enforce it. 2. Contractual lien: Apart from the statutory lien, breeders and lessors can also establish a lien for breeding services by means of a contractual agreement. This type of lien is created through a written contract or lease that specifically includes a provision granting the breeder or lessor the right to assert a lien on the animal. The terms and conditions of the lien, including the amount due, the repayment terms, and the remedies for non-payment, will be outlined in the contract. This contractual lien provides a legal mechanism for the breeder or lessor to claim the animal as collateral to secure payment. Both statutory and contractual liens for payment of breeding services are used to protect the breeder or lessor from non-payment. They provide a legal recourse for the breeder or lessor to recover their fees or expenses associated with providing breeding services, such as stud fees, veterinary care, or boarding costs. It is important to note that asserting a lien does not grant ownership of the animal to the breeder or lessor but rather secures the animal as collateral until the outstanding payments are made. In conclusion, the Texas Reservation of Lien for Payment of Breeding Services Pursuant to Contract or Lease of Animal for Breeding Purposes is a legal provision that enables breeders and lessors to establish a lien on an animal to secure payment for their breeding services. It can be established through either a statutory provision or a contractual agreement, providing legal protection and recourse for non-payment.
