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Restrictive Covenants & chickens?

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default Restrictive Covenants & chickens?

Post by Akuma on 15th November 2009, 11:32 am

Having made the decision to stay put in this house, we really would like to get a couple of chooks, however I've checked the deeds to the house and in the restrictive covenants it states:

7. Not to keep or feed on the property any livestock or animals other than normal domestic household pets not used for breeding or rearing purposes.

Would you say that was definitive enough to rule out chooks? Can I get permission by applying to the local council?

The restrictive covenants also state there should be no caravans kept on the drive ways - yet loads are, also no hedges in the front gardens - and nearly everyone has planted a boundry hedge of some form.

We only have neighbours either side who we get on well with and open fields behind us.

Any thoughts?

A x

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default Re: Restrictive Covenants & chickens?

Post by MrsNesbitt on 15th November 2009, 11:46 am

and open fields behind us.

Who owns the fields hun?
People over the way from us bought or rented a small piece of land from ajoining farmer who owns the field their house is next to.
On their own land they have built a henhouse (shed) and have a fence between their land and the farmers field. They let their hens out and they scrat about in the field, retirning to their shed when it gets dark.

Any good?
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Post by Akuma on 15th November 2009, 12:02 pm

Hmmm, tis not quite so easy, the open fields are behind the estate boundry banking. Our rear fence looks out onto the raised banking with trees planted along in to hide the factory in the distance. Between the banking and the factory is fields but they're working crop fields.

I guess finding out who the farmer is shouldn't be too tricky as he's often working the land, however it's also where all the estate kids hang about, you recall the burning of the farmers hay bales a few months back? That was the field we back on to!

Really I'd just like 2 chooks pottering abut in my lil' garden to give me lovely egss and keep the slugs down!

I know people keeps rabbits etc in their garden's.... but what's the difference between rabbits etc as 'normal household pets' and chooks?!

We've looked into allotments too, Heighington is our nearest and is about 2 miles away but has an enormous waiting list! And tbh we really want to use the little land we've got.

Hmmmmmm

A x

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Post by Wilhelm Von Rhomboid on 15th November 2009, 12:39 pm

Will you be breeding the chooks, Akuma? Or rearing them for the table?

If not they are domestic pets. Point final, as they say in Gent.

I tend not to ask councils and so on - giving someone the option of saying no quite often means they will say no as it is the easier option. I just get on with it and if they have a problem, they can complain. If I am in the wrong I will change (well I may).

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Post by Compostwoman on 15th November 2009, 1:16 pm

Technically chooks are not domestic pets but livestock.

Curiously our attitudes to meat animals have altered so rabbits are now pets... Rolling Eyes

But if you don't have a cockerel and just have a couple of hens I would just get them, tbh...as you say lots of the other restrictive covenants are being breached, anyway.. and lots of people do so..

I am not encouraging you to break the law, however!

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default Re: Restrictive Covenants & chickens?

Post by Akuma on 15th November 2009, 1:19 pm

Billy, No breeding or eating of said chooks! Just purely for eggs.

I had a neb about on other forums and found this:

"Allotments Act 1950 supperceeds all of this - its just been won in court, as long as you keep chickens in a way that does not cause a nusience then no-one not even a covenent can stop you - read the act. The act states that if you have access to land as your own then you are permitted to grow vegetables and keep rabbits and chickens for food purposes (eggs are food)"

"The Allotments Act 1950, Chapter 31, Section 12 states that regardless of clauses in leases/ tenancies/ covenants/ contracts or agreements to the contrary, the occupier of ANY LAND can keep hens and rabbits on it, for their own use, so long as they set up and maintain adequate housing and so long as they make sure that the hens/rabbits don't become a nuisance or pose a threat to health.

(Navigate to the Office of Public Sector Information website (opsi.gov.uk) and search for Allotments Act 1950 Chapter 31 to read the full text)"


Here is what the Allotment act states:

12. Abolition of contractual restrictions on keeping hens and rabbits
(1)Notwithstanding any provision to the contrary in any lease or tenancy or in any covenant, contract or undertaking relating to the use to be made of any land, it shall be lawful for the occupier of any land to keep, otherwise than by way of trade or business, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:
Provided that nothing in this subsection shall authorise any hens or rabbits to be kept in such a place or in such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment.

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1950/cukpga_19500031_en_1#pb2

Whaddya reckon?

A x

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Post by Wilhelm Von Rhomboid on 15th November 2009, 1:20 pm

Chook on, say I.

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default Re: Restrictive Covenants & chickens?

Post by Wilhelm Von Rhomboid on 15th November 2009, 1:24 pm

What's the worst that can happen? Even if the council did get a court ruling against you keeping them, you can just sling 'em in the pot, so win-win.

Although
Really I'd just like 2 chooks pottering abut in my lil' garden to give me lovely egss and keep the slugs down!
may be a little bit of wishful thinking. "churning my garden into a fair approximation of the battlefield of the Somme and ignoring the slugs" is closer to the mark.

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Post by AngelinaJellyBeana on 15th November 2009, 1:26 pm

Go for it, a couple of chooks in the garden would be lovely Very Happy
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default Re: Restrictive Covenants & chickens?

Post by Akuma on 15th November 2009, 1:34 pm

Billy Laughing I know, I know.....I'm an old romantic lil' dreamer Rolling Eyes

Bring on the Somme :cheers:

I now know what's on my Christmas list lol!

Thanks folks Smile

Incidentally, I found another thread on a poultry forum (I hope I'm ok to post this link as it's just for reference)

Click here

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Post by Compostwoman on 15th November 2009, 1:46 pm

You may also find a few eggs given to your neighbours will work wonders!

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Post by Akuma on 15th November 2009, 2:03 pm

Good old fashioned bribery Laughing Good point CW!

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Post by MrsNesbitt on 15th November 2009, 4:05 pm

We have 6 chickens, no cockeral and we get about 2-3 eggs each day.
This is the second time we have kept chickens, the first time round we had a cockeral and found they travelled throughout the village, always making a bealine for the garden belonging to the avid gardener!

A moveable coop would allow grass to grow back!
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Post by Nick B on 16th November 2009, 11:12 am

I too would say take them on and go for it keeep a few,
We wanted to have a cockerel, bu as we live in a local council house they have said no to that one.
But if our next door neighbour wanted to keep them they can as they own there house!!!
Fare I think not Evil or Very Mad But we have to play by the rules don't we.
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Post by Compostwoman on 16th November 2009, 11:18 am

Akuma wrote:Good old fashioned bribery Laughing Good point CW!

I prefer to call it a reward .. Very Happy

Bribery is where you give ( or promise..) something in order to get the return...reward is where you give something after you get the return....

So unexpected treats to a child for good behaviour, after the good behaviour, is a reward..... Very Happy

Or so I have learned on a brilliant childcare/parenting course I have done..and a lot of it applies to adults as well Laughing Twisted Evil

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Post by GB on 16th November 2009, 2:34 pm

I'd say the law is on your side regardless of the covenants Cool

Wish it was like that here, the town we are hopefully moving to has all the loop holes stitched shut on poultry Evil or Very Mad

Still going to try some stealth chickens but meaties instead of egg girls. Quieter and they only hang around for 8 or 9 weeks till they go off to freezer camp Twisted Evil

Good luck with your chickens, it might happen that you get a couple of light feeted slug eating lovelies :suspect:
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Post by Compostwoman on 16th November 2009, 3:36 pm

No chance..all chooks are possessed of evil ...they are evil I tell you...Twisted Evil

mine have just broken into the Polytunnel and massacred some innocent lettuce seedlings.... Evil or Very Mad

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Post by GB on 16th November 2009, 4:01 pm

compostwoman wrote:No chance..all chooks are possessed of evil ...they are evil I tell you...Twisted Evil

mine have just broken into the Polytunnel and massacred some innocent lettuce seedlings.... Evil or Very Mad

How do you know the lettuce was innocent :suspect: the chickens might just have saved the world from the eeeeeevil lettuce Twisted Evil
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Post by Compostwoman on 16th November 2009, 4:08 pm

No....not innocent...they were lollo rosso...voluptuous italian lettuce....

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Post by GB on 16th November 2009, 5:07 pm

compostwoman wrote:No....not innocent...they were lollo rosso...voluptuous italian lettuce....

Well, there you go then, they had it coming to em for being so provocative Wink

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Post by Compostwoman on 16th November 2009, 7:44 pm

Shocked lol!

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