If you’re in a dispute about a dog, perhaps after a breakup, a family disagreement or even a rehoming situation, one of the first things people say might is:

“The dog is microchipped in my name, so it’s mine”

It’s an understandable assumption but it could be the wrong assumption. Microchipping is a legal requirement and microchip records often look official.  However, while registration of a microchip provides evidence of ownership it is not conclusive proof of ownership.

In this blog, we explain how microchip registrations are treated in England & Wales and what this means if you’re involved in a dog ownership dispute.

Did you know that our Trevor Cooper was the Chairman of the Microchip Trade Association for 5 years?

What do microchip databases record?

A dog must be registered on a compliant database in the name of the dog’s “keeper” (who is regarded as the person that the dog normally lives with) and their contact details. In many situations, the keeper and the owner are one and the same person, but in law they are not always the same thing.  And even if there is one registered keeper the dog could be owned by someone else or jointly owned with someone else.

Courts and decision-makers will often treat microchip details as an important starting point, but they may then go on to consider other factors and attach such weight as they consider appropriate in the circumstances.  The principle benefit of microchipping is to reunite a lost (or stolen) dog with its keeper, not to resolve ownership disputes. 

In many real-life situations, a dog may be microchipped in someone’s name even though they are not the owner, for example:

• a partner has registered the microchip but the other partner is in reality the owner (or a joint owner)
• a breeder has registered the dog but the buyer has failed to update the details after purchase

If you are in a dispute about ownership of a dog (or cat) we would strongly recommend that you to take legal advice as soon as possible.

What the Law Actually Says About Owning a Dog

In England and Wales, a dog is generally treated as property in law (a “chattel”). That means disputes about ownership are often treated similarly to disputes about who owns an item of property.  However, as you’re aware, dogs are not ordinary property in practical terms #familynotproperty.  Arguments commonly involve a mix of:-

• legal ownership (who owns the dog)
• possession (who physically has the dog)
• responsibility (who looks after the dog)
• welfare (what is best for the dog)

Speak to us About Dog Ownership and Microchip Disputes

Dog ownership disputes can be emotionally difficult and legally complex. A microchip registration may help, but it is often only one piece of the equation.

If you need advice about:

• dog ownership after separation
• recovering a dog from an ex-partner
• disputes after rehoming
• microchip and registration issues
• evidence needed to prove ownership

…. we have extensive experience on all of these situations so please get in touch.

Trevor Cooper
Solicitor

How we can help

If you need specialist legal advice in relation to your dog (or cat), please call us at Cooper & Co Solicitors on our landline number of 01227 20 33 20 during normal office hours.  Subject to a conflict check, we can usually offer a fixed fee telephone call for £75 + VAT for up to 20 minutes.

DISCLAIMER

This blog is provided for general information and does not constitute legal advice.  You should always seek tailored advice from a suitably qualified and experienced lawyer.  We do not sell insurance nor do we recommend any particular insurance provider or policy.

Cooper & Co Solicitors, 19 Palace Street, Canterbury, CT1 2DZ.

Tel : 01227 20 33 20
Email : admin@doglaw.co.uk 
Website : www.doglaw.co.uk

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