A lien can be created in three ways:
• By Statute;
• By Contract; and
• Pursuant to the Constitution of certain states.
Stallion owners have lien on the foal and the mare for unpaid stallion service. Stallion owner must perfect the lien within a certain period of time after the breeding service in the mare’s county.
North Carolina Notice of Statutory Breeder's Lien is a legal document that grants breeders a specific legal right to secure payment for breeding services or the care of animals. This lien allows breeders to have a legal claim on the animals until all outstanding debts are paid. In North Carolina, there are two types of Notice of Statutory Breeder's Lien: General Breeder's Lien and Special Breeder's Lien. 1. General Breeder's Lien: This type of lien is applicable when a breeder provides services, supplies, or care for any type of animal under a written or an oral agreement. The lien is automatically established by law and can be enforced by the breeder to recover unpaid fees or expenses. The General Breeder's Lien extends to any type of animal, including livestock, pets, or breeding animals. 2. Special Breeder's Lien: This type of lien is specific to thoroughbred horses. A special statute under North Carolina law grants breeders of thoroughbred horses a lien on their offspring. When a breeding stallion services a mare, the breeder becomes the legal owner of the resulting foal and has a lien on it until the breeding fees are paid in full. This lien provides breeders with a legal recourse to recover any outstanding expenses incurred during the breeding process. To initiate the Notice of Statutory Breeder's Lien in North Carolina, the breeder must file a written notice with the Department of Agriculture or County Clerk's Office where the animal is located. The notice should include details such as the breeder's name and address, animal description, outstanding amount or claim, and the specific statutory reference supporting the lien. The notice must also be sent to the owner of the animal and any other party with an interest or potential claim on the animal. Once the Notice of Statutory Breeder's Lien is filed, the breeder gains a legal interest in the animal and can prevent its sale or transfer until the debt is satisfied. If the owner fails to pay the outstanding amount within a specified time frame, the breeder may initiate legal proceedings to enforce the lien, such as obtaining a court judgment or initiating a foreclosure sale. It's important for breeders in North Carolina to be aware of their rights and obligations when it comes to the Notice of Statutory Breeder's Lien. Engaging legal counsel and understanding the specific statutes and regulations related to the lien can help ensure compliance and a smooth process for securing payment for breeding services or animal care.
