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In a horse ownership dispute in the Netherlands, the passport does not decide who owns the horse. Ownership passes by delivery under a valid title, such as a sale, by someone entitled to dispose of the horse (Article 3:84 DCC). Whoever holds the horse for themselves is presumed to be the owner (Articles 3:109 and 3:119 DCC), so the documents behind the transfer decide the case.
This page is for foreign owners whose horse stands with a Dutch yard, trainer or rider, for investors in a horse with Dutch partners, and for buyers who discover that their seller was not the owner. It explains how title is proved, how to get a horse back and how co-ownership works under Dutch law. Is someone holding or selling your horse? Ask a Dutch equine lawyer to assess your title before the horse is moved again.
How do you prove who owns a horse under Dutch law?
With the documents of the transfer: the sale contract or invoice, proof of payment and proof of delivery. A transfer requires delivery under a valid title by a person entitled to dispose of the horse, and the title must describe the horse with sufficient precision (Article 3:84(1) and (2) DCC).
Animals are not things, but the rules on movable property apply to them (Article 3:2a DCC). A horse is not a registered asset: no entry in a public register is needed for a transfer (Article 3:10 DCC). The name in the horse passport or in a studbook therefore shows who registered the horse, not who owns it. Delivery of a horse normally happens by handing it over, which gives the buyer possession (Article 3:90(1) DCC).
Paying for feed, training or competitions does not make someone the owner either. Such facts can, however, be used as indications in court when ownership is unclear. Put agreements about ownership shares and costs in writing; it is the simplest protection there is.
Who is presumed to own a horse that stands with a trainer or rider?
The person who holds the horse for themselves. Under Dutch law the possessor of an asset is presumed to be entitled to it, and whoever holds a horse is presumed to hold it for themselves (Article 3:119(1) DCC and Article 3:109 DCC).
This presumption works against foreign owners whose horse stands at a Dutch yard. It is rebuttable, however. A yard, trainer or rider who started holding the horse under an agreement with the owner, such as a livery, training or loan agreement, continues to hold it for that owner until something changes that position (Article 3:111 DCC). A short written agreement that confirms the horse is held for you, signed or confirmed by email, is therefore strong evidence.
When a horse moves to a new yard, ownership does not change. If a third party holds the horse for the seller, possession only passes to the buyer once that third party has acknowledged the transfer or has been informed of it (Article 3:115 DCC). Inform the yard in writing when you buy a horse that stays where it is.
Can a trainer or agent sell your horse without your permission?
A sale by someone who was not entitled to sell can still give the buyer ownership. The transfer is valid if it was not a gift and the buyer acted in good faith (Article 3:86(1) DCC). Good faith is presumed; whoever disputes it must prove the lack of it (Article 3:118(3) DCC).
For a stolen horse the rule is different. The owner can claim it back as his property for three years from the theft, unless a private buyer bought it from a seller who sells similar goods to the public from business premises in the normal course of that business, other than as an auctioneer (Article 3:86(3) DCC). A horse that a trainer sells in breach of a training agreement is not stolen in this sense; the owner’s claim is then usually a claim for damages against the trainer (Article 6:74 DCC).
If you authorised a dealer to sell your horse for your account, the dealer acts under a mandate (lastgeving, Article 7:414 DCC). A sale within that mandate is authorised, so title passes to the buyer; whether you or the dealer is the buyer’s contracting party depends on whether the dealer acted in your name or in its own (Article 7:414(2) DCC). The dispute then concerns the price and the dealer’s account to you (Article 7:403 DCC) rather than title. Our page on business law for the equine industry sets out what a commission or sales agreement should contain.
How do you get your horse back from someone who keeps it?
The owner can claim the horse from anyone who holds it without a right to do so (Article 5:2 DCC). If the matter is urgent, the preliminary relief judge can order the horse to be handed over in summary proceedings (Article 254 DCCP).
To stop a horse from disappearing abroad while the case runs, a person entitled to surrender of a movable can have it attached to protect that right (Article 730 DCCP), with leave from the preliminary relief judge (Article 700 DCCP). Read more on prejudgment attachments and summary proceedings.
Two defences come up often. A yard with a claim that is due and connected with the horse may suspend the return until it is paid (Articles 6:52 and 6:57 DCC, read with Article 3:290 DCC). And a possessor in good faith who must return the horse can claim the costs made for it, insofar as the benefits of the horse did not cover them; until paid, he may suspend the return (Article 3:120(2) and (3) DCC). Settling or securing these costs is often the fastest way to recover the horse.
Is your horse being held, or has it been sold without your consent? Send us the documents; we tell you within a short time whether summary proceedings or an attachment is realistic.
What applies when two or more parties own a horse together?
Joint owners form a community (gemeenschap) with equal shares, unless their legal relationship shows otherwise (Article 3:166 DCC). They can agree on use and management; without an agreement, the subdistrict court can make arrangements at the request of one of them (Article 3:168 DCC).
Each co-owner may carry out ordinary maintenance and acts that cannot wait, such as urgent veterinary care. Other management is done jointly, and acts beyond management, such as selling the horse, require all co-owners together (Article 3:170 DCC). Each co-owner can in principle demand division at any time, but the co-owners can exclude that right by agreement for periods of up to five years each (Article 3:178(1) and (5) DCC).
Co-ownership also affects liability. The Dutch Supreme Court held that the strict liability for animals in Article 6:179 DCC does not apply towards persons who are themselves co-possessors of the animal, and that the same goes for persons who jointly use the animal in a business (Hoge Raad, 29 January 2016, ECLI:NL:HR:2016:162). A co-owner who is injured by the jointly owned horse therefore cannot rely on that strict liability against the other co-owners; a claim based on fault (Article 6:162 DCC) remains possible. See liability and insurance in equine law.
| Point to agree in a co-ownership agreement | Why it matters |
|---|---|
| Shares in the horse | Without agreement, the shares are equal (Article 3:166(2) DCC) |
| Who decides on training, competitions and veterinary care | Otherwise management is joint (Article 3:170(2) DCC) |
| Who pays board, vet and transport, and in what proportion | Prevents claims between co-owners |
| When and how the horse can be sold, with a price mechanism | Sale requires all co-owners (Article 3:170(3) DCC) |
| Exclusion of division for a fixed period | Allowed for up to five years at a time (Article 3:178(5) DCC) |
| Applicable law and court | Important if the co-owners live in different countries |
Your rider or trainer claims the horse is theirs: what now?
Do not remove the horse yourself and do not stop paying the yard without a basis. Secure the evidence of your title first, then put your position in writing and set a deadline.
- Collect the purchase contract, invoice, proof of payment and any agreement with the rider, trainer or yard.
- Gather indications of possession: who paid board and vet costs, who decided on competitions, and what the rider said about the horse in messages.
- Inform the yard in writing that the horse is held for you (Article 3:111 DCC) and that it may not be handed over to anyone else.
- Send the rider or trainer a written demand to confirm your title and return the horse by a set date.
- If there is a risk the horse will be sold or moved, consider an attachment for surrender and summary proceedings straight away.
Practical example: a Belgian investor and a Dutch rider
Suppose a Belgian investor buys a young dressage horse and places it with a Dutch professional rider to train and compete. They agree orally that the rider receives a share of any sale proceeds. Two years later the rider says that this arrangement made him half-owner and offers the horse to a buyer in the United States.
The investor holds the purchase contract and payment records, and the rider started holding the horse under a training arrangement (Article 3:111 DCC). A share in the sale proceeds is a contractual right, not co-ownership. Because the horse may leave the country, the investor asks for leave to attach it for surrender (Articles 700 and 730 DCCP) and starts summary proceedings for its return. Meanwhile, the rider’s claim to a share of the proceeds is negotiated separately, which in practice often ends the dispute.
When do you need a Dutch lawyer in a horse ownership dispute?
When the other party disputes your title, when the horse may be moved or sold, or when co-owners cannot agree on a sale. Speed matters: an attachment needs leave from the court (Article 700 DCCP), and summary proceedings need a well-documented urgent interest.
MAAK Advocaten in Amsterdam acts for owners, investors, riders and yards. We analyse the evidence of title and possession, write to the yard and the other party, apply for attachments and act in summary proceedings and proceedings on the merits at first instance and on appeal. Where a negotiated outcome serves you better, we draft the settlement or the co-ownership agreement. See also our page on disputes in the horse industry and our overview of Dutch equine law, or contact our equine lawyers directly.
Frequently asked questions about horse ownership disputes in the Netherlands
Does the horse passport prove ownership in the Netherlands?
No. A horse is not a registered asset, so no public register determines ownership (Article 3:10 DCC). Ownership follows from delivery under a valid title by someone entitled to dispose (Article 3:84 DCC), proved by the contract, invoice, payment and handover.
Who is presumed to own a horse in a dispute?
The person who holds the horse for themselves is presumed to be the owner (Articles 3:109 and 3:119 DCC). A yard or trainer who holds the horse under an agreement with the owner holds it for that owner (Article 3:111 DCC).
Can I get back a horse that was sold without my permission?
Not always. A buyer who acquired the horse for value and in good faith becomes owner even if the seller was not entitled to sell (Article 3:86(1) DCC). A stolen horse can be claimed back for three years after the theft, with an exception for purchases from certain businesses (Article 3:86(3) DCC).
Can a co-owner sell a jointly owned horse alone?
No. Selling the horse is not management and requires all co-owners together (Article 3:170(3) DCC). Each co-owner can, however, demand division, unless the co-owners excluded that by agreement for up to five years (Article 3:178 DCC).
How fast can I get my horse back through the Dutch courts?
In an urgent case the preliminary relief judge can order the return in summary proceedings (Article 254 DCCP). To prevent the horse from being moved in the meantime, an attachment for surrender can be levied with leave of the court (Articles 700 and 730 DCCP).
Primary sources
Dutch statutes are only officially available in Dutch, on wetten.overheid.nl. Judgments can be found on rechtspraak.nl by their ECLI number. Legal position checked on 28 October 2026.
- Dutch Civil Code (Burgerlijk Wetboek), Book 3: Articles 3:2a, 3:10, 3:84, 3:86, 3:90, 3:109, 3:111, 3:115, 3:118, 3:119, 3:120, 3:166, 3:168, 3:170, 3:178 and 3:290
- Dutch Civil Code, Book 5: Article 5:2
- Dutch Civil Code, Book 6: Articles 6:52, 6:57, 6:74, 6:162 and 6:179
- Dutch Civil Code, Book 7: Articles 7:403 and 7:414
- Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering): Articles 254, 700 and 730
- Hoge Raad (Dutch Supreme Court) 29 January 2016, ECLI:NL:HR:2016:162 (no strict liability under Articles 6:179 and 6:181 DCC towards co-possessors or joint business users of an animal)
