Sharing a horse arena

[ustmd]

Looking for some feedback.

My two neighbors and I live in an equestrian community. (my wife has horses, not me).

There is a sand horse arena was built by a women who ran a commercial stable. Half of the arena runs across our my neighbors and my property. Until last week the other half was on the property of the commercial stable.

When the commercial stable was in business, we all shared the arena--the stable owner built it and maintained it and we got to use it so long as we did not interfere with her business.

Well last week, one of my neighbors bought the remaining the half of the arena from the stable owner, and the stable owner sold her remain property/barn to a group that is training quarter horses.

To make a long story short, the new owners of the stable are asking if they can use the sand horse arena to pony their horses (leading 1 horse with another). They have offered to help maintain the arena.

So the three of us who own the arena are now talking about a possible response. One neighbor wants to tall them "NO" or at least require a cash payment for their use.

My thinking is we should be neighborly and say they could use it so during specific hours (e.g. before 8 am and after 1 pm--in summer) and require they help maintain it.
Any thoughts?

Obviously there are some liability issues that would need to be worked out.

 

[forgeblast]

Make it a small rental or "upkeep" fee to make everyone happy. Plus it will let you maintain it better.
If someone is paying for something they will (hopefully) treat the arena better.
I would also come up with some type of form, stating hours and what happens if the get hurt there or their horses do. (its on all of your properties and thats what would really make me worried if someone does get hurt)

 

[jdonovan]

Shared use property needs to have a drawn up agreement laying out:
cost share
rules/regulations
maintenance responsibilities
liability
insurance
etc...

if all can't agree to get it drawn up by a lawyer, then fence off your property and don't participate in the arena.

IMO way too much liability to let it run on a 'handshake' agreement.

 

[sseelhoff]

With regard to the liability, make sure you post the equestrian warning sign(s) in visible locations.

Texas Civil Practice and Remedies Code Sec. 87.005. WARNING NOTICE.
(a) An equine professional shall post and maintain a sign that contains the warning contained in Subsection (c) if the professional manages or controls a stable, corral, or arena where the professional conducts an equine activity. The professional must post the sign in a clearly visible location on or near the stable, corral, or arena.

(b) An equine professional shall include the warning contained in Subsection (c) in every written contract that the professional enters into with a participant for professional services, instruction, or the rental of equipment or tack or an equine animal. The warning must be included without regard to whether the contract involves equine activities on or off the location or site of the business of the equine professional. The warning must be clearly readable.

(c) The warning must be as follows:

UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES.

You can purchase pre-made signs that contain this warning through most equestrian supply companies.

As to other/non-rider liability, you may want to require the barn folks to purchase a general liability policy and have the ring owners named as additional named insureds. Perhaps in lieu of payment, they can insure everyone?