adopted dog and original owner?

[islandgirl]

I would be very grateful for an opinion on the following situation. A dog is given up for adoption (free to good home). The adopters contact original owner to help pay for vaccinations etc which they do. Then the adopters say the dog is very sick and needs an op for £1k plus which they cannot afford. Original owner agrees to pay if dog is brought to their vets. Dog will die without op. Op a success and dog recovering with original owner. Adoptive owner wants it back. Original owner does not want to return it. What is the legal position please?

[ploddertom]

Has this been done through an "approved" Rescue Society? What if any documentation has been provided/signed?

[islandgirl]

Thank you for the reply - no it was a free to good home ad when the original owner was in a very bad situation which is now resolved. Adopters stayed in touch and posted pics to original owner etc. Then asked for money as they could not afford vets fees for vaccinations. Then the serious illness described above occured which has resulted in an expensive op and they now want the dog back though they clearly could not afford ongoing treatment and presumably will expect original owner to pay

[ploddertom]

Sorry to say but I think you will find that the original owner will still be classed as the legal owner and whatever else transpired was just voluntary.

[islandgirl]

Thank you - that would be the option the original owner wants! So do you think they could keep the dog and not be accused of theft?

[Aged William]

It's been a while since I studied property law, but this sounds to me like a gift from the original owner to the adopter (intent; delivery; acceptance).

But I may be wrong!

[islandgirl]

Just to update - adoptive owner agreed to leave dog with original owner so all ended well. Thank you for advice. I will lurk here and advise where I can!