In this article I am talking about the law in England and Wales, but will expand this to other jurisdictions if there is demand.

The title of this article appears to contradict itself - if the dog is yours, then surely you must own it! Ninety nine times out of a hundred this makes sense, but what if there is a dispute between people as to who owns the dog?

Such disputes can arise through a number of reasons, as it can with any item of property, and in sorting out the problem the law (as usual!) will look first to the evidence. With pedigree dogs regularly selling, as puppies, for hundreds (and occasionally thousands) of pounds, and proven stud dogs for even more, this is an area where the number of disputes will increase.

Basics

So how do you prove you own the dog? When you bought it you may have been asked to sign a contract, which gave details of the dog and its sale to you. Such details must be sufficient to identify the dog. Breed, sex, date of birth and colour are obvious ones, but a microchip number is ideal (more on microchip later). If the dog's parents are Kennel Club Registered then the sale to you will involve the transfer of the Kennel Club registration to you. You should never buy a puppy whose parents are KC Registered, unless the puppy has also been so registered, and you receive, on the sale the official forms to transfer that registration to you. Such registration carries a number unique to the puppy and fixes both its identity and ownership. Do not buy a dog and register it in someone elses name, unless you are happy for that person to be the legal owner. The fact that the dog knows you and answers to your call does not prove that you own it!

So, if you have a contract and/or a KC registration which evidences you own the dog, then the chances of dispute are, on first sight, low.

Informal arrangements

Stay away from these at all costs! If you want a neighbour to look after your dog whilst you go to Australia for six months, make sure you jot a note down, signed by you both, making the arrangement clear, so that nobody can suggest that the transaction was a transfer rather than a loan.

The dog world has a few traditional forms of arrangement where care of a dog is given to one person, but ownership remains with another - or ownership is transferred to a person, subject to certain rights and benefits regarding the dog being retained by the original owner. Such arrangements are commonly connected to dog showing or breeding, and work very well if there is no dispute about the basis of the particular arrangement. Breed societies and indeed the Kennel Club have advice and suggestions on these matters. It is unlikely that a "standard" document would cover all the ramifications of all such arrangements, but it has got to be a lot better than nothing! Going to court without written evidence is like playing the lottery but more expensive. Whatever arrangement you come to, for whatever reason, WRITE IT DOWN (even on the proverbial fag - packet!) and get both parties to the arrangement to sign and date it.

Big Brother - The Environmental Protection Act 1990

Stray dogs are a big problem, particularly in towns. It is important, however that the laws that apply to some abandoned hapless mongrel, apply equally to your prized pedigree pooch!

Why include a reference to this law in this article? If your dog is lost and picked up as a stray then, if he is unclaimed for seven days he can be sold or destroyed and in either case your evidence of ownership may well be irrelevant after the seven day period has elapsed. I intend to write a whole article on the public law affecting dogs in the near future, but, for obvious reasons, must include a reference here.

Lost dogs are dealt with by the police, local authorities and charitable organisations, frequently in collaboration. All these organisations have good intentions and would dearly like to see your dog returned to you. BUT it is not their responsibility to ensure this is done. You must do all you can to prevent your lost dog being sold or transferred to a new owner, and your rights as owner being lost.

By law you must have a collar and identification tag on your dog, but obviously these can be accidentally lost or deliberately removed. If you lose your dog, or indeed have it stolen, contact the police, the local authority and its dog warden, and all local animal sanctuaries. Enter it on the lost dog websites you can now find on the net and keep nagging everyone. Most importantly of all make sure that your dog has been microchipped and the microchip registration put in your name. There are various companies that do this and your vet will be able to help you. It is not very expensive and simply the best way to establish your ownership in these circumstances. The vast majority of vets, local authorities and animal sanctuaries have a microchip reader and your dog's number is unique. This is the fastest and simplest way to dog recovery and saving you legal wrangles as to who owns who!

If you have any helpful comments or queries on this article then we would be delighted to hear from you. No email or direct correspondence will be entered into, but any relevant comments or queries will be dealt with in future articles. Please use the guestbook on the website for this purpose.

Michael Edwards