House deeds and chickens

diy_dude · 12 Jun 2008

Really not sure which forum to post this in - mods please move if this is not the right one.

For a while now I have wanted to have 2 or 3 chickens. I would have a coop with run and only let them out when I was around. When browsing the Internet recently someone mentioned that some house deeds exclude certain animals from being kept at the house. So, I read me deeds and sure enough:

Not to use or permit the use of the property hereby transferred for the keeping of pigs, poultry or other livestock except a dog, cat or cagebird.

Our house is a 1950's council house which was purchased by the previous occupiers over 30 years ago, we have owned the house nearly 3 years.

I concerned for two reasons:
1) We already have a rabbit in a hutch with run in the garden. I read the above clause that this is not allowed. Should I be worried about this?
2) My chicken dream is evaporating fast.

If I contact the council am I likely to get permission to have chickens or is this a non-starter? Both current neighbours have no concerns about my planned chickens, but future ones?
If they don't give permission and I get some anyway, what could they do if (when) I was found out?

I don't want to do bad things and really want to be honest and upfront. All I want is some fresh eggs to go with my fresh veg and soft fruit I already grow.

Any thoughts or experiences would be appreciated.

PS What are the chances of my rabbit getting along with 2/3 chickens if they lived in different houses but with access to the same run?

JohnD · 12 Jun 2008

Restrictions in deeds are usually ineffective. they were often placed by the developer so that while he was still building and selling houses, it would be a nice area. Look to see who can enforce the restrictions. My first house had a covenant that I couldn't have a funfair in my back garden

or set up a fried-fish shop or drinking club

My current house has a restriction that I mustn't change the colour of the window or door frames. However it does not say what colour they are

However, regardless of restrictive covenants, I expect the council will come after you if you are considered to be causing a nuisance.

ban-all-sheds · 12 Jun 2008

diy_dude said:
1) We already have a rabbit in a hutch with run in the garden. I read the above clause that this is not allowed. Should I be worried about this?

I wouldn't, not for a pet. (as opposed to a warren full being raised for food).

2) My chicken dream is evaporating fast.

Shame - if you want to prepare more ground for cultivation there's little better than a bunch of hens pecking scratching and fertilising on it for a while.

If I contact the council am I likely to get permission to have chickens or is this a non-starter?

Is it anything to do with the council?

What do the deeds say about any remedies that a 3rd party might have if you break one of the conditions? Basically who can do what to you if you just go ahead? You might like to go to a solicitor with a copy...

Both current neighbours have no concerns about my planned chickens, but future ones?

The current ones not minding can only help. If you go ahead on a legitimate footing then any future buyers can't do a damned thing.

If they don't give permission and I get some anyway, what could they do if (when) I was found out?

No idea - solicitor time.

I don't want to do bad things and really want to be honest and upfront. All I want is some fresh eggs to go with my fresh veg and soft fruit I already grow.

And the odd roast, surely?

Make the run sturdy - Brer Fox will be immensely keen to get in.

PS What are the chances of my rabbit getting along with 2/3 chickens if they lived in different houses but with access to the same run?

I doubt if either would bother the other, but you should check health/hygiene issues if the rabbit will be eating freshly fertilised grass. I know they eat their own poo, but....

Raised chicken & rabbit pie is nice - are you any good at making hot water crust pastry? You should plant a juniper bush.

big-all · 13 Jun 2008

my comments and thoughts

where you read dogs cats and caged birds read "pets"

just after the wars rabbits where a food source now they are pets so dont worry to much

basicly what the covinant is saying pets only no animals as a food source

now tecnicaly your not complying but in actual fact your ok if you apply a modern interpritation

ban-all-sheds · 13 Jun 2008

But what if you eat Flopsy?

Shytalkz · 13 Jun 2008

Is that a euphemism, Ban?

diy_dude · 13 Jun 2008

I thought the council may be of help as they built the house and owned it until 1976.

Spoke to the local housing ALMO - they were very helpful and thought there were some silly point in the deeds that needed changing. However there was nothing they could suggest other than ringing th right to buy department.

Rang the right to buy department, they were no help - told me to ring the legal department.

Rang the legal department, they have asked me to write in and they will contact the ALMO and think about it.

I am getting worried now about making too much noise and making them watch me too closely...

Bilioustrumpstaine · 14 Jun 2008

When is a chicken not a chicken ?

When it is a pet

Your neighbours aren't worried so why worry so much yourself.

I would get a few maybe rare breed chickens and see how you get on.

It would be different if you were planning to keep a few dozen birds which could be construed as farming, but for a few you would get away with them as pets. People keep budgies etc in back gardens.

More important than some out of date document is how it will affect your neighbours IMHO

Go for it.

Symptoms · 14 Jun 2008

dude - I say go for it but ....

keep the neighbours on board = do not get a cockerel 'cos they WILL make a noise (shame really, they are great to watch - strutting their stuff, protecting their 'girls', etc) and some busybody down your street (or in the next street) will complain about the crowing. Keep the run clean; a dirty run WILL attract vermin (including rats) so is another reason for the neighbours to snitch.

You can get Restrictive Covenants changed but you'll need to see a solicitor. Lots of these Covenants are deemed to be archaic and can be successfully challenged/modified these days on the grounds that they are preventing you from 'fully enjoying the benefit your holding'.

Click-Sure · 21 Jun 2008

I can't brew beer in my house according to the deeds, or something to do with grinding fish?

There goes the 'Click-Sure Olde-Tymee Fish-Paste company'

Right-Oh...

Some would argue that rules are not meant to be broken, but ones like this, most definately are.

Thermo · 21 Jun 2008

i wouldnt worry about it. no-one is likely to enforce it through a court action or pay to do so.

toptec · 21 Jun 2008

Agree with the others - Go for it. Am thinking of doing the same myself next year.

One thing though - due to the rising poularity of keeping poultry, (In some cases birds have doubled in value), thefts are on the rise, especially rare breed ones.

There is a couple of smallholders nearby who have been cleared out by thieves - including all their fencing/feeders/feed/lights etc.

Keep a beedy eye on them!

p4ult · 30 Jun 2008

There were a few silly restrictive covenants when we brought our house a year ago, one of them being that you are not allowed to park a motor vehicle on the front of the property (eg on the drive). My solicitor was able to draw up an indemnity policy to cover us encase anyone ever did complain. Even tho all the houses have drives and park their cars n them.

mosaix · 23 Jul 2008

OK - the real problem with keeping chickens is that the chickens and their food attracts rats and once they arrive they are very difficult to get rid of.

Neighbours tend to notice rats and their first port of call is the rodent control officer at the council. He will look for the cause and if he sees chickens....

leeweedon · 3 Dec 2013

Why would a neighbor object to someone having chickens?
They are quieter than dogs, don't sh1t in their gardens like cats.
More than likely will deliver so many eggs the street are eating them.

I don't even see why you have to "ask permission" at all....

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House deeds and chickens

leeweedon

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