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uments used to memorialize the sale of horses. Naturally, this is because I am not the only person who feels, as I discussed at the start ofthis article, connected to their horses and wants to ensure that they arewell cared for the duration of their natural lives. We want to be ableto make sure the animals we raised, trained or relied on do not end upneglected, mistreated or slaughtered, but we are all faced with the reality that we cannot keep every horse we have forever. Unfortunately, contractual language creating rights of first refusalor requiring the return of property are considered “restraints on alienation,” and are generally not legally enforceable. In legal terms, “alienation” means the transfer of title of ownership to another party.Though every state has its own laws, and every scenario is different,for the purposes of discussion, we will focus on Arizona Law. In Arizona, both by statute and in common law, there is a strict “ruleagainst perpetuities” which invalidates any non-vested, or not held,interest in real property that is not certain to vest within twenty-oneyears after the death of a person who is then alive. See Arizona Revised Statutes (A.R.S.) § 14-2901(A)(1). Taking it a step further, thecommon law rule is applicable to property of every type and kind, including personal property, which includes livestock and, of course,horses. See A.R.S. § 33-261. “The Arizona statutes . . . restate the ruleagainst perpetuities as a rule against the absolute power of alienation.’6 American Law of Property, §25.58 at 305 (A. J. Casner ed. 1952). Seealso: 27 Ariz. App. 517 Powell, Perpetuities in Arizona, 1 Ariz.L.Rev.225 (1959)2.” So to put it in plain English, in Arizona, any contract, or clausethereof which purports to limit Person B’s rights to sell a horse afterhe purchases it or receives it as a gift is invalid. That said, there are exceptions to every rule, and there may be waysto accomplish the objectives of Person A and Person B that are legallyenforceable. A right of first refusal may be valid if consideration, orpayment, is given for that right and that right is not open ended (i.e.the price is predefined, there are explicit triggers). Alternatively, instead of Person A selling or giving the horse to Person B, leasing it tothem is always an option. In sum, if you (the transferor) wish to divest yourself of the ongoingresponsibility of caring for your horse, but want to ensure it does notend up being transfered to a third party thereafter, assuming you finda cooperative transferee, there are legal ways to accomplish it. However, more often than not, efforts such as these are botched by otherwise well-meaning people because the law generally does not affordthe prior owner of a horse any rights to limit the current owner’s rightto sell or otherwise dispossess it.An experienced and qualified attorney who understands the lawas it applies to livestock and horses can help you navigate the legallandscape, defend the animals you care about, and protect your owninterests. oAdam M. Trenk, Esq. (licensed in AZ, OK & KY) is a Partner at Rose Law Group pc (www.RoseLawGroup.com). He is the Chair of theEquine and Cannabis Law Departments for the firm. Adam advisesclients on matters of Strategic Development, Contracts, Real Estate &Land Use Matters, Conflict Resolution, Regulatory Compliance andGovernment Relations. As an avid horseman, he is active in the EquineCommunity. Adam served as an Elected Councilman and Vice Mayor of Cave Creek, AZ and currently sits on the Advisory Board for the Scottsdale Community College Equine Science Program. He is alsothe President of Billy Cook Harness & Saddle Mfg., Inc. in Sulphur,Oklahoma. Adam Trenk can be contacted by email at ATrenk@RoseLawGroup.com or by phone at 602-402-3335. Like him on Facebook at www.facebook.com/EquineAttorneys. Follow him on InstaGram @theLawHorse and @GenuineBillyCook.20 Arizona Horse Connection February, 2026(602) 469-5719info@tacketc.netwww.tacketc.netGetting Ready For 2026...Tack Et Cetera has seven really nice new and used saddles in stock for your consideration!• 17” Amerigo Salto Jump - 2.5 Wide Tree - $3,000• 17” Amerigo DJ Jump - 1.5 MW Tree - $2500• 17” Amerigo DJ Jump - Medium Tree - $2500• 18” Amerigo Vega Standard Jump - 1.5 MW Tree - $4000• 18” Amerigo Vega Salto - 1.5 MW Tree - New! - $5700• 18” Amerigo Jump Special Deluxe - 1.5 MW Tree - New! - $6250• 16” Pessoa AMS Synthetic Wool Panel - Medium Tree - $1500ARE YOU LOOKING FOR HORSE PROPERTYIN THE PRESCOTT AREA?MILD 4-SEASON CLIMATE, CLEAN AIR, STAR-FILLED SKIES, WILD LIFE GALORE, ANDLOTS OF HORSE PEOPLE!Trudy M. Zeiler DESIGNATED BROKER(928) 636-9380Come on up to the Prescottarea & let me show you around!HANDLING THEFOLLOWING AREAS:Prescott, Prescott Valley, Chino Valley, Paulden, Williamson Valley,Dewey,Mayerwww.RealtyExpressions.netSPECIALIZING IN HORSE PROPERTY,RANCHES & ACREAGE