Author Topic: No Livestock clause in House Title Deeds.  (Read 6572 times)

Clansman

  • Joined Jul 2013
  • Ayrshire
No Livestock clause in House Title Deeds.
« 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

doganjo

  • Joined Aug 2012
  • Clackmannanshire
  • Qui? Moi?
Re: No Livestock clause in House Title Deeds.
« Reply #1 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
Always have been, always will be, a WYSIWYG - black is black, white is white - no grey in my life! But I'm mellowing in my old age

chrismahon

  • Joined Dec 2011
  • Gascony, France
Re: No Livestock clause in House Title Deeds.
« Reply #2 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.

pharnorth

  • Joined Nov 2013
  • Cambridgeshire
Re: No Livestock clause in House Title Deeds.
« Reply #3 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!!

Clansman

  • Joined Jul 2013
  • Ayrshire
Re: No Livestock clause in House Title Deeds.
« Reply #4 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:

pharnorth

  • Joined Nov 2013
  • Cambridgeshire
Re: No Livestock clause in House Title Deeds.
« Reply #5 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

Penninehillbilly

  • Joined Sep 2011
  • West Yorks
Re: No Livestock clause in House Title Deeds.
« Reply #6 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  :)

pgkevet

  • Joined Jul 2011
Re: No Livestock clause in House Title Deeds.
« Reply #7 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/ which relates to a 1950 allotment act and would probably overturn the 1936 deeds.....

Womble

  • Joined Mar 2009
  • Stirlingshire, Central Scotland
Re: No Livestock clause in House Title Deeds.
« Reply #8 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
"All fungi are edible. Some fungi are only edible once." -Terry Pratchett

 

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