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Massachusetts Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law and Criminal Law for Massachusetts on
Q: Im goin to jail for 6 months whete could i keep my dogs nd get them back when im out
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 23, 2016

You might decide to make a written contract with a trusted friend for such a scenario with very clear terms including payment for care, term of care, terms for recollecting the pet, etc. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: I have a dog that I got from my uncle. I still live with my parents. Do I have full rights of ownership of the dog?

I pay for the dog's insurance, bring him to the vet and the groomers, and I feed him and buy his medicine and food. My parents just provide the roof over his head. Do I have the right to full custody of him?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 23, 2016

Pets are personal property, and it sounds like this one belongs to you. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create... View More

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Massachusetts on
Q: Can I be forced to give up a dog based on how it looks, due to breed restrictions of landlord's homeowners insurance?

I am looking into adopting a dog, and have gotten my landlord's permission to do so, albeit with some restrictions. His homeowners insurance company has blacklisted several breeds, including pit bulls. The dog I am interested in rescuing is labeled as a lab mix, and it is a puppy, so it is... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 23, 2016

Better safe than sorry: avoid adopting a dog that might violate your landlord's terms and insurance requirements. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any... View More

1 Answer | Asked in Criminal Law and Animal / Dog Law for Massachusetts on
Q: I help to take care my friend's two dogs and one of them is sick. Am I responsible to pay the medication fees?

As the question asks, I've helped to take care of them for 45 days without any financial benefit. Now one is pretty healthy but another is sick. The hospital says it's because of starvation. I didn't starve him on purpose and I'm not a professional dog sitter. I just want to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 23, 2016

It depends on the terms of your agreement with your friend, and also why the animal is sick (your fault or an underlying condition). If you were just doing your friend a favor (no promises made), and if you took reasonable good care of the pet and yet the pet had a natural malady which stymied its... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Xfriend gave me his dog to take care of for 2 weeks.2 and a half years ago..never showed up now wants it bck. can he?

I registered and microchipped her after trying to contact him for 4 months..he even told me i can keep her (later said it was a joke) i have no.proof of that text since its been 2 yrs but when he first gave me the dog he also gave me her medical records and said he will help with the expenses..he... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 23, 2016

It sounds like he abandoned the dog and thereby seemingly relinquished ownership in so doing, especially under the circumstances you describe. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: My ex purchased a puppy for me for my birthday. I maintained all of his health records and insurance over a 12 months

The dog also has a microchip registered to me. He no longer is in the state of Massachusetts. However I know his location. Do I have the legal course do you get him back

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 23, 2016

You can report this matter to the police as a theft and/or you can sue the thief for conversion seeking replevin in civil court. If you want to take the dog back, make sure the dog actually belongs to you and was stolen (not the other way around), make sure to not break any laws in taking your dog... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Can I legally take my dog if I see her walking off leash?

We have no written agreement because I never thought he would do this to me. He lets anyone just take her. I've seen her being walked off leash which scares me because she will get hit by a car if she sees a squirrel, rabbit etc. I also heard they were letting her drink beer etc. I don't... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 23, 2016

If someone steals your property, you can take it back without resorting to force or unlawful methods (e.g., no trespass, assault, etc.), but make sure you speak with a lawyer about how to do this properly. The best first step is an Initial Consultation with an Attorney. You can read more about me... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: I gave my daughters a dog as a XMAS gift. My live in boyfriend took off with the dog. Is that legal?

I signed the papers for my dog 4 years ago and have pretty much paid for everything. I have all my credit card statements. He just left and we haven't seen our dog. We had a criminal court hearing which he didn't show up to and now another one is scheduled for 12/16. I have been told... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 23, 2016

Once you give someone a gift, it belongs to the recipient. If someone else takes it unlawfully, that is criminal theft, regardless of whether you lived together or not. If the police are too lazy to handle it, file a complaint with the police dept. and contact the DA directly about the crime. You... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: Giving away a dog after you adopted from an ASPCA shelter. Legal or not legal?

We were recently offered a "free dog" by a family who adopted him from an ASPCA shelter in Massachusetts, but can no longer keep him. My aunt claims that the current owner cannot legally give the dog away to anyone, and that he must be turned back over to the shelter they adopted him... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 23, 2016

It's important to look at the agreements made between the owners and the ASPCA. Generally, if you own a piece of personal property, which is how the law typically looks at pets, you can give it away if you want to another person, even if you adopted it (assuming you're not giving it to a... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: How can one prove in the Commonwealth of Massachusetts who owns a dog?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 15, 2016

A dog is considered personal property, and ownership is based on the same rules that would apply to any item of personal property. You would have to prove ownership via receipts of purchase, proof of payment or adoption, etc. The best first step is an Initial Consultation with an Attorney. You can... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: My bunny was being watch by a pet sitter and he sold him without my permission And I need my bunny back what can I do
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 15, 2016

That sounds like a case of conversion of personal property (pets are personal property in the law's eyes) and/or breach of contract against the pet sitter. You'd have to file an injunction to invalidate the sale and get your bunny back! The best first step is an Initial Consultation with... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: My room mate keeps throwing my indoor cat outside. What can I legally do about this?

MY room mate keeps tossing my cat outside because she is in heat and can't stand listening to her moan. What can I do about this? My cat is an indoor cat and I live on a busy street where she could easily get killed.

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 15, 2016

Looks like you're both being a nuisance to each other, each act potentially violating any tenancy agreement you made. Of course if your cat is injured or killed, that adds a claim for damages for conversion of personal property (pets are property in the law's eyes) to what your roomie may... View More

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: My fiancé had a person dog sit for us without without written agreement and she put our dog down without our consent.

Can she do this

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 12, 2016

There would have to be an emergency situation where that could be plausibly permissible. For example, if the dog is a danger to others, animal control is called, and the dog attacks them. Then I can see where they might legally choose to kill the dog to protect themselves or others. The best first... View More

1 Answer | Asked in Animal / Dog Law and Stockbroker Fraud for Massachusetts on
Q: I gave $500 to an owner of two Yorkie's. Now they won't give me the puppies or my money back. What should I do?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 1, 2016

Small claims court may be a good option. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any Attorney-Client relationship.

1 Answer | Asked in Animal / Dog Law for Massachusetts on
Q: My boyfriend had a dog he kept between myself and another woman he dated. I have vet papers and so does she.who can get

The animal control has taken the dog and has said the attorney general's office would make the final decision. What does the law say, who gets to keep an animal, in Rhode Island?

Charles Snyderman
Charles Snyderman
answered on May 19, 2014

In Rhode Island, if a dog's certification of registration is in the name of one person, there's a presumption that that person is the owner. That presumption can, in some cases, be overcome by other evidence. For example, there might be evidence of a gift. Other factors are ownership of... View More

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