Author Topic: Townie seeking chicken help !!! (Read 5865 times)

flipflopper · « **on:** March 25, 2009, 09:37:47 am »

Hi all

I'm sure this question has been asked before but he goes again.

I live on the outskirts of a town in a new build property and i want to keep just two chickens as pets and for fresh eggs. My children are 10 and 7 and really are looking forward to being able or allowed to.

My problem is common. I'm now in the process of checking with my mortgage lender my deeds to see if the covenants prevents me from keeping chickens.

If I cant, what does that mean. Who is going to enforce this. I would firstly seek the agreement of my neighbours and reassure them i would keep the area clean and reducing the risk of vermin. So will the law as in PC Plod really come knocking on my door and confiscating the two chickens.

The ironic thing about it all is I live next to an allotment where chickens are allowed to be kept.

The more I think about it the more hacked off I get.

What are your thoughts

flipflopper

jameslindsay · « **Reply #1 on:** March 25, 2009, 10:22:40 am »

When I first bought my 2 ducks I was in the middle of a modern housing estate. I asked the builders if they had a problem with me keeping ducks as it was also in my title deeds that I could not. The builder was happy to allow this providing the houses on either side of me had no objections. Once George and Harry arrived all the neighbours loved them and they were loved by all. Good luck with your chooks.

Dan · « **Reply #2 on:** March 25, 2009, 10:36:44 am »

Hi flipflopperr

If your deeds say you can't keep poultry, and the beneficiary of the covenant is insisting you abide by it, there's not much you can do I'm afraid. So the first thing to find out is who the beneficiary is. No-one else can enforce the convenant to stop you keeping chickens, so fingers-crossed the beneficiary is either long-gone or doesn't care.

The only way you could keep the hens legally is to get the covenant in your deeds discharged. There are only 2 ways to do this:

1. Get the original beneficiary of the covenant to discharge it in writing. Obviously you need to know who it is first!

2. Get the Lands Tribunal to discharge the covenant - see http://www.landstribunal.gov.uk/Jurisdictions/restrictiveCovenants.htm

This will cost money in legal fees, any property lawyer will be able to advise you. There's no guarantee the tribunal would find in your favour.

Hope this helps, let us know how you get on.

Dan

flipflopper · « **Reply #3 on:** March 25, 2009, 12:25:45 pm »

Thanks for the prompt responses

Dan

When you say beneficiary does this mean the company that built my house.

If that is the case it was a small developer who has ceased trading and retired. I presume this is how my neighbour had an extention built without a pitched roof and dorma windows whereas others when the builder was about were refused.

This information is a great help because I really cant see my neighbours objecting or voicing that objection. The only concern my wife has is that people may go behind our backs an stir trouble for us.

I think everyone knows how it is for real.

All in all I'm far more positive about it now than I was and I'm going to make plans to have chooks for April.

Many thanks

flipflopper

Pomona · « **Reply #4 on:** March 25, 2009, 12:36:55 pm »

Hi Flipflopper

I was/am in a similar situation: I live in a modern housing estate where the builders moved off site 3 years ago. They are probably the beneficiaries of the site. My deeds also said about not keeping any poultry or livestock on the premises. I did a lot of searching online and the consensus of opinion, including from lawyers, was:

1. Seek the approval of your neighbours: reassure them you'll be right on top of any smells and rodents, and offer them eggs whenever possible

2. Keep the hens in good conditions, that way there will be no room for complaint from any neighbour and no need for them to call someone in from the council, SSPCA or other animal welfare agency, to check on the hens.

In other words: keep your nose (and hen run) clean!

My neighbour works in the council HQ, and she was telling me her boss has got hens in his garden (on another modern housing estate) - apparently the care of hens in the garden comes under Trading Standards and it's they who would deal with any complaint from the neighbours about noise, smell, infestations etc.

The chances of the builder and beneficiary of the land (especially in your case given that the developer has retired) coming along to see that everyone whose house he built is sticking to the terms of the deeds (and remember, these deeds prohibit things like the erection of satellite dishes on the front of the house, keeping a caravan in the drive-way, keeping a rabbit in a hutch in the garden

...) are pretty non-existent.

I got my hens a couple of weeks ago and *touch wood*, having got the neighbours' blessing and had them round to see the girls, it's just terrific fun (and that's without any eggs yet)

Go for it - you'll be a convert like everyone else is

Dan · « **Reply #5 on:** March 25, 2009, 01:01:19 pm »

What Pomona said.

The beneficiary is whoever is named in the deeds as having an interest in the convenant. It is most likely to be your builder, but there could be others named too. Best to find out the details.

Make sure your neighbours are happy, look after your hens and there's every chance you'll be fine.

Wellieboots · « **Reply #6 on:** March 25, 2009, 03:14:37 pm »

I say just do it! Before we moved into the sticks we lived in a new build in Stirling with a grassed front garden that we dug a 2" border around & planted. Some lacky from the builders must have seen it & we were sent a letter from the builders (Taylor Woodrow at the time) solicitors saying that we had "created a non traversible border" which was counter to the deeds that required an open layout to each front garden (only 12 in our cul-de-sac).

I wrote back stating that if by a non-traversible border they meant something that could not be stepped over then unless you were a person of restricted growth then of course you can step over it. And if they were to insist on enforcing that clause of the deeds, then would they also be writing to all those who had pet rabbits (not allowed in the deeds), erected satellite dishes on the front of their properties (to get a signal obviously) and the 2 houses that were running a business from home - all counter to the deeds. This amounted to every house & the reponse back was humble pie to say the least. They had perhaps been a bit over zealous etc...etc...& also sent a chuffin big bunch of flowers!!

Ultimately of course they can enact every clause in the deeds but it is within their powers of being reasonable to allow some leeway. So if your neighbours are ok (some free eggs maybe?!) then go for it...just don't get a cockerel!!!

sellickbhoy · « **Reply #7 on:** March 25, 2009, 04:36:47 pm »

sod the hassle with deeds, builders and covenants

do you get on with your neighbours? If so, just get them

if not, have a word with the neighbours and see what they say, a few fresh eggs goes a long way to winning people over.

if you are told to get rid of them - they are very tasty!!!

If someone kicks up a fuss, tell them you have the written consent of the covenant holder and that you have sought the legal permissions to have chickens - would be a right moaning faced bassa that then went to the trouble of tracing that person down themself to find out what you are or are not allowed and if you had or hadn't received permission.

but that would be the time to find out what is and isn't allowed and then spend sometime checking all your neighbours also comply with the rules - make a long list of each infringement for when someone comes knocking!