stormy79 Posted March 27, 2012 Share Posted March 27, 2012 I live in a suburban street in Scotland and I am a total beginner, but hope to keep two or three chickens. We went on holiday to Bruges, a house swap, and got on very well caring for the chickens of the people we swapped with. I'm looking into whether we could make it work. When we moved here I remember a clause in our deeds that said we couldn't keep livestock in the garden, but someone suggested that the 1950 allotment act would overrule that. But I don't know if this applies in Scotland. Can anyone advise on this? We own our house so it's not Council land. Also, if we choose to go ahead I'd like to rehome ex battery hens. Are these likely to be able to hop/fly over a 1.2m fence? I was told some breeds are less likely than others to get over a fence like this. What breed are ex battery hens? Many thanks Ellie Quote Link to comment Share on other sites More sharing options...
dancing cloud Posted March 28, 2012 Share Posted March 28, 2012 Can't help with the legal question and can confirm that ex-batts could get onto and over a 1.2m fence. Their wings are not very strong initially but once they've had time to do some real flapping and build up muscles, they're quite capable of jumping that high (and they're nosey enough to want to see what's on the other side !). Best way to stop them is to put netting a couple of feet inside your fence, as getting over that and onto or over a fence as well may prove too much of a challenge. Hope someone can answer the legal issue for you, as ex-batts are lovely girls to keep Quote Link to comment Share on other sites More sharing options...
LolaLayla Posted March 28, 2012 Share Posted March 28, 2012 I would be interested to hear if anyone has any information too. I am in a similar situation to you and before I got my girls I phoned the council but they were only interested if I was planning to keep a large number of hens. I decided to ask all my neighbours whose gardens back on to mine as to if they had any objection to my keeping hens. Everyone was fine about it but I do worry when the girls are being noisy. Quote Link to comment Share on other sites More sharing options...
blueandwhite Posted March 28, 2012 Share Posted March 28, 2012 I rang the council and asked them before I got my hens and they had no objections. However, now I'm moving I looked at my current deeds and they prohibit keeping anything other than 'normal' domestic pets. I'm lucky here and no-one has ever objected. There are also other covenants in the deeds such as no satellite dishes and no works vans overnight which are both ignored. So I feel if anyone did object I would have a case. I've now checked with the council where I'm moving and they referred me to their very useful website with lots of info re chickens. Basically they don't object, although they do mention noise nuisance (mainly around cockrels). They did say to check the deeds though - not sure what I will do this time if there is something saying I can't keep my girls. Fingers crossed. Anyway the Allotment Act says this: Abolition of contractual restrictions on keeping hens and rabbits.E+W (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. As it states 'any land' I assume that means our gardens? I would definately ask your neighbours if they object though as I bet you are fine as long as no one complains! Quote Link to comment Share on other sites More sharing options...
Olly Posted March 28, 2012 Share Posted March 28, 2012 Firstly, there's a sticky here which debates this question at length! The Allotment Act has never been tested in court, as far as I know - it's a fairly obscure piece of legislation, and I wouldn't recommend anyone to rely on this if they are prevented from keeping hens in their garden or if neighbours are objecting. Generally speaking however there are usually no rules about keeping chickens - I have yet to hear of a bye-law in the UK that says you can't keep them. Environmental Health would usually only be concerned if there is a 'nuisance' of some sort, either noise from a cockerel or smells/flies etc - which need never happen. If you are in rented property then your tenancy agreement may say that you can't keep hens - it would be foolhardy to go against that, because you could forfeit your tenancy as a result, although it's always worth asking the landlord for consent. Some freehold property has conditions on it such as 'no livestock' - query whether a few domestic hens are 'livestock', that's another one that hasn't been tested as far as I know! Generally these conditions are quite old, and as blueandwhite says, they are often disregarded by others with regard to parking of vehicles and so on. In that case, you take a chance on whether anyone objects, and if so, whether they are able to do anything about it bearing in mind the cost of going to court. Most people on here seem to find that their neighbours aren't too bothered. If you smooth the way with free eggs occasionally, and keep your hens clean then you should be ok! Quote Link to comment Share on other sites More sharing options...
Lavenders_Blue Posted March 28, 2012 Share Posted March 28, 2012 The Allotments Act applies only to allotments (so the 'any land' bit effectively refers to any allotment land). So, it does not apply to a garden unless your garden is an allotment! My house deeds, like blueandwhite's, also refers to 'normal domestic pets'. With the rise of chicken keeping I figured hens could probably be classed as normal domestic pets! Luckily for us, our next door neighbour also keeps chickens as did a previous neighbour across the road before she moved out. To be honest, you're not going to have any problems unless your neighbours complain and even then I think they would have to take you to court to have the covenant enforced. Why not sound out your neighbours (you don't have to ask their permission per se, just mention you were thinking of getting some chickens) and see what their reaction is. Probably best to let them know you're not getting a cockerel as that is what people are most concerned about. If they don't recoil in horror then go for it - you can always win them round with a box of fresh eggs if necessary! ETA - I should have read Olly's post more thoroughly, you've already said all of this! Quote Link to comment Share on other sites More sharing options...
stormy79 Posted March 28, 2012 Author Share Posted March 28, 2012 Thank you everyone for the replies. It sounds like speaking with the neighbours first might be the way to go, and then just hope for the best... and I'm away to do my research on the ex battery hens which is what we'd like to keep ideally. Sounds like we definitely need to work on our fencing though if we do. Quote Link to comment Share on other sites More sharing options...
Lavenders_Blue Posted March 29, 2012 Share Posted March 29, 2012 You might be okay with your current fencing with ex batts - mine have never so much as thought about getting airborne but dancing cloud's hens are clearly more adventurous than mine! You can always clip a wing (very easy to do) if they start having thoughts of escaping. Quote Link to comment Share on other sites More sharing options...
counturchickens Posted March 31, 2012 Share Posted March 31, 2012 My ex batts don't fly anywhere either Quote Link to comment Share on other sites More sharing options...
Sammiboo Posted March 31, 2012 Share Posted March 31, 2012 Ive had two ex batts but now only have one (RIP Agnes) they have never flown. I also have a couple of ex free rangers, amberlinks and lohman browns. The others had their wings clipped when i first got them and now they have moulted they can fly up if they wish but choose not to. I think they dont like coming out of the garden now anyway. proper home birds Quote Link to comment Share on other sites More sharing options...
Sammiboo Posted March 31, 2012 Share Posted March 31, 2012 Ive had two ex batts but now only have one (RIP Agnes) they have never flown. I also have a couple of ex free rangers, amberlinks and lohman browns. The others had their wings clipped when i first got them and now they have moulted they can fly up if they wish but choose not to. I think they dont like coming out of the garden now anyway. proper home birds Quote Link to comment Share on other sites More sharing options...
MissPug+Chooks Posted April 1, 2012 Share Posted April 1, 2012 I also live in a residential area - with what I call a lot of 'townies' (I'm a Dorset Girl who's old neighbours were some sheep!) and when I decided to go for chickens I asked the immediate neighbours who had no objection - I then phoned the council and emailed them so I had written and verbal proof that they agreed that it would be fine so as the chickens were kept clean and rat free and didn't have a rooster. I got my girls in Sept 2010 and we've never had a problem - even when the girls have their daily early morning 'sing off' for the nesting box - in fact our next door neighbour put up an aviary full of little birds which make far more noise than our girls do! In terms of a fence I would suggest that 1.2 is a little small - and defo no fox proof. Although you can never be sure ( as fox's jump like cats apparently) a large 6ft fence should keep you chooks in and (hopefully!) and predators out with the exception of the odd cat. We had a new chicken in isolation in September with a 1 meter 'fence and she could hop over it no problem! Quote Link to comment Share on other sites More sharing options...
yankeecelt Posted April 1, 2012 Share Posted April 1, 2012 I live in Inverness, and talked to neighbours before getting my chooks 18 months ago. No problems, and I give them eggs every now and again. The girls do 'sing' a bit during the day, but not enough to have anyone complain. With regard to fences, mine are completely enclosed. We have a pine marten in the neighbourhood who has gotten chickens. Animals depend on where you live -- if you're in Edinburgh or Glasgow, I would guess foxes are the main threat, but I've only ever seen one up here trying to get in (5am, shouting and throwing stones at him in my PJs -- I'm surprised the neighbours didn't complain about *that*...) Quote Link to comment Share on other sites More sharing options...
