4m x 3m Omlet pen, cube, new auto door still boxed and coop light

[Gallina]

Someone asked in The Times yesterday how they can make their neighbour get rid of their three chickens:

http://property.timesonline.co.uk/tol/life_and_style/property/article6894208.ece

 

You won't like the answer (and may not agree with it).

[JS1]

'almost certainly a private nuisance', eh? Wonder if they have barbecues? Or children playing on a swing? Or cats?

[sjp]

sounds like a NIMBY to me

probably the same type that move to the country then complains about the smell of the local cow sheds and the noise of the live stock

[Pikey]

Be interesting to know why the neightbour thought they were a nuisance.....I'd understand a cockerel but chickens !!!! Just makes me

[Chook n Boo Mum]

Regardless of the NIMBY thoughts of next door with regards the chooks, surely if the house is rented, the tenant doesn't have permission to have them and has ignored the landlords request to remove them they are in breach of rental contracts etc so is in the wrong...................sorry don't shoot me , I have a potentially stroppy neighbour who can get unreasonable at the drop of a hat, but I don't live in an enclosed residential estate.

 

It sounds to me like the landlord isn't really bothered by the chooks/contract breaking part so has let the matter slip in the tenants favour but the neighbour is a misgog, there's no mention of any of the other surrounding neighbours being upset by the hens either..........I'm sure the hens aren't the real problem but as is often the case, we won't get the full picture from this letter

 

Sha x

[sjp]

as long as they are kept in a way the isn't prejudicial to health or a nuisance (that bit I've copied from the Allotments Act 1950 section 12) I don't think the landlord can stop them.

I'd like to be on the jury if it came to court through

[CluckyBucks]

Thats just ridiculous, why cant other people let others enjoy their chickens?? Yeah i can understand if all you could hear was a constant BOK BOK BWAAAAAWK but its rarely ever like that. Silly people

 

xx xx

[Egluntyne]

Realistically, how many people are going to be able to afford to start a court case that they may well lose.?

 

Not many, I'm guessing.

[eggregiousness]

as long as they are kept in a way the isn't prejudicial to health or a nuisance (that bit I've copied from the Allotments Act 1950 section 12) I don't think the landlord can stop them.

I'd like to be on the jury if it came to court through

I guess it depends on how you define a "nuisance". I can't think of many ways in which three chickens could manage to be much of a nuisance. Noise - doubtful - unless one is a cpckerel, smell - hardly, rat attractants - possibly - depends on how they are being cared for.

[Patricia W]

I notice all the comments posted there on the article are in favour of the chickens - and one suggests the barrister is talking out of his wig!

 

Tricia

[Saronne]

How very petty-minded.

I registered with the Times online just so I could comment!

 

 

 

Saronne x

[docsquid]

Fortunately none of our neighbours are broadsheet readers, and all of them so far have been supportive. Good job considering their (smallish i.e. under about 13) children are out until midnight some nights screeching in the streets, not to mention the barking dogs and the R&B and the almost constant kicking of footballs against their garage doors.

 

This does seem a bit like a NIMBY's charter though. I suspect they might be successful pleading that it is prejudicial to health because they are scared of chickens!

[sjp]

cockerels are covered under noise pollution regs.

prejudicial to health covers how they are looked after my understanding is from topics similar to this on of poultry forums is that as long as at least the RSPCA minimum standards are followed or bettered then the council EHO will nearly always rule in favour of the poultry keeper

nuisance this bit is subjective and will differ from case to case and will come down to the EHO's 'handle' on the complaint

the RSPCA will more than likely only be involved if there is cruelty taking place and they think they can win in court

[scrambledhead]

Hmmm interesting, I work in the field of civil law and often deal with matters brought in the tort of nuisance.

 

I think that this article is quite misleading as having chickens does NOT automatically constitute a nuisance at law. As the article says for the tort of nuisance to arise there must be interference with the neighbour's quiet enjoyment of their property and this is only likely to occur if the chickens are unreasonably loud or smelly!

[Old Speckled Hen]

Hmmm interesting, I work in the field of civil law and often deal with matters brought in the tort of nuisance.

 

I think that this article is quite misleading as having chickens does NOT automatically constitute a nuisance at law. As the article says for the tort of nuisance to arise there must be interference with the neighbour's quiet enjoyment of their property and this is only likely to occur if the chickens are unreasonably loud or smelly!

Sane words in a nutshell.

I see there is a large dose of "journalese" in the original article.