52fish Posted January 3, 2011 Author Share Posted January 3, 2011 Okay, so I've checked the deeds and it says "no livestock." As I see it the options are... 1) Get the chickens anyway. If challenged, claim they're pets rather than live stock, and then fallback on Allotment Act. 2) Try and get the covenant lifted. This sounds like the safest route, but I've no idea how you'd go about such a thing. Has anyone gone down this route and could offer advice on what to do / who to contact? Thanks! Quote Link to comment Share on other sites More sharing options...
the-real-tinkerbell Posted January 3, 2011 Share Posted January 3, 2011 chickens are not livestock according to the police they are poultry Quote Link to comment Share on other sites More sharing options...
Stella14 Posted January 3, 2011 Share Posted January 3, 2011 chickens are not livestock according to the police they are poultry useful to know. Quote Link to comment Share on other sites More sharing options...
Christian Posted January 3, 2011 Share Posted January 3, 2011 but I've no idea how you'd go about such a thing. Has anyone gone down this route and could offer advice on what to do / who to contact? Thanks! I think you would need to take the deeds to a solicitor to look at. The Citizens Advice Bureau might be able to help yoy out? Quote Link to comment Share on other sites More sharing options...
the-real-tinkerbell Posted January 3, 2011 Share Posted January 3, 2011 i had my exbatts attacked by a neighbours dogs i reported it but under the dda its not a crime to kill the chooks but it would be to kill livestock ,there for my chooks were not counted as livestock Quote Link to comment Share on other sites More sharing options...
migsy Posted January 3, 2011 Share Posted January 3, 2011 52Fish - You need to find out who the covenant holder is and contact them. I knew who mine was because I paid them a chief rent every year but I expect their details would be on your deeds. Mine were a company who owned loads of covenants called Morgoed Estates who are based in Shropshire but my house was in Manchester. They would have only known about a breach of covenant if someone had complained. They might not enforce the restriction anyway. Perhaps you could just see what happens? Let us know if you make any progress. Good luck Quote Link to comment Share on other sites More sharing options...
52fish Posted January 3, 2011 Author Share Posted January 3, 2011 Thanks to everyone for the support. I'm going to explore two avenues in advance rather than risk setting up, only to loose the chickens for legal reasons. I've sent e-mails to the original developers (Wimpy) and a legal firm that specialise in restrictive covenants. I have read that the Allotment Act does cover any property whose land is less than 5 acres, but hopefully, between the two courses progressed, we'll get quick resolution and hopefully, the right outcome... chickens I will of course, post the results here, so others can learn from my experience. Thanks again everyone! Quote Link to comment Share on other sites More sharing options...
migsy Posted January 4, 2011 Share Posted January 4, 2011 Look forward to learning what you find out. All the best! Quote Link to comment Share on other sites More sharing options...
52fish Posted January 15, 2011 Author Share Posted January 15, 2011 So here's the outcome of our investigations on livestock restrictions in deeds... may be a disappointment to some! Legal advice... Allotment Act 1950 "may " provide the necessary authority, but hasn't been adequately tested in law. No legal precedent, so don't rely on it... test cases can be unpredictable, especially with old laws. Police regard chickens as poultry, not livestock... irrelevant! Removal of the restriction via the developer. Original developer is the only person who can vary the restriction or enforce it. The developer was actually very supportive and keen that we progress our quest, but highlighted that the clause is there for the protection of the entire development... other residents. As such they wouldn't look to remove the restriction, even if we did pay a fee, but they were very supportive. Their answer... speak to the neighbours and try prevent a complaint... no cockerell, few free eggs from time to time etc. The simple answer - talk to neighbours and keep them on side! If it comes to it, could always try and test the Allotment Act, but could go either way. Jaedon Quote Link to comment Share on other sites More sharing options...
migsy Posted January 15, 2011 Share Posted January 15, 2011 Thanks for sharing that information - very useful! I think you have made a very good point about the Allotment Act not having been tested in the Courts yet in respect of gardens. Hopefully, your neighbours will be ok about the chickens. Good luck! Quote Link to comment Share on other sites More sharing options...
doctors girls Posted January 15, 2011 Share Posted January 15, 2011 hi 52fish where abouts in west yorkshire are you Quote Link to comment Share on other sites More sharing options...
