The Accidental Smallholder Forum

Smallholding => Buildings & planning => Topic started by: Clansman on August 19, 2015, 12:17:20 pm

Title: No Livestock clause in House Title Deeds.
Post by: Clansman on August 19, 2015, 12:17:20 pm

Don't know if this is the right section for this but thought some on here may have experienced this.

a neighbour got 6 laying hens from me after asking permission to keep them from the local council around 2 years ago.

No problems until they got a letter the other day from the same council stating that they were in breach of their title deeds for keeping livestock and they would have to remove them  :innocent:

Can they give permission and then remove it?

The title deeds are dated 1936 and the council are the benefactors

Title: Re: No Livestock clause in House Title Deeds.
Post by: doganjo on August 19, 2015, 09:47:06 pm

Did they get the permission in writing?  If so they could query the reason for withdrawal of that permission.

If it was just verbal I suspect they have no comeback

Title: Re: No Livestock clause in House Title Deeds.
Post by: chrismahon on August 21, 2015, 05:25:29 am

I'm amazed the Council are enforcing this, unless another neighbour has complained. Could be argued that they are pets, not livestock, but if it goes to litigation it could be a very expensive business indeed as the loser will pay the costs. So I think rehoming the chickens immediately would be the best option.

Title: Re: No Livestock clause in House Title Deeds.
Post by: pharnorth on August 21, 2015, 10:07:15 am

Councils are obliged to follow through if there is a complaint and doubtful they would otherwise.  My suggestion would be query the change if they have the permission in writing, if they do not make the point they 6 chickens are a family pet not 'livestock' as there is no commercial enterprise.  Pictures of cute children feeding them might help!!

Title: Re: No Livestock clause in House Title Deeds.
Post by: Clansman on August 21, 2015, 01:36:49 pm

Permission was given in writing, which appears to have been a huge cock up on the part of the council as that now nullifies the title deed burden  :thumbsup:

Chickens are staying  :thumbsup:

Title: Re: No Livestock clause in House Title Deeds.
Post by: pharnorth on August 21, 2015, 02:14:51 pm

Fantastic. Well done all. The clause was probably there to stop nuisance ( e.g loud cockerels) which is still,enforceable by other means, or commercial activity so it would have been a draconian application. Clauses that old can be challenged but as said by Chrismahon would have been pricey to challenge

Title: Re: No Livestock clause in House Title Deeds.
Post by: Penninehillbilly on August 21, 2015, 06:45:02 pm

Good  :thumbsup: ,
Permission was given in writing,
 
have you informed the council yet?
 
good reminder to get everything in writing  :)

Title: Re: No Livestock clause in House Title Deeds.
Post by: pgkevet on August 21, 2015, 09:04:11 pm

It's probably now moot but my wife pointed me to this link http://www.property118.com/landlords-must-let-tenants-keep-chickens-and-rabbits/10688/ (http://www.property118.com/landlords-must-let-tenants-keep-chickens-and-rabbits/10688/) which relates to a 1950 allotment act and would probably overturn the 1936 deeds.....

Title: Re: No Livestock clause in House Title Deeds.
Post by: Womble on August 21, 2015, 10:42:34 pm

A friend of mine bought a small mid-terraced house that included 'permission to keep one milking goat' in the title deeds.

Not a pair of them though, you notice - that would have been ridiculous!  ;D