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Sireewiree

What action can my neighbour take if my chickens stray?

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IN SHORT... If one of my chickens strays into next door's garden, are they permitted in law to despatch her/ 'rehome' her? I think not, as she's my property... This is the essence of the problem, but if you fancy reading background, then read on!

 

Ok, so long story short, we don't get along well with our neighbours (the Ps) for reasons various. We live in a rural backwater where we are one of 3 houses, all with approx 1 acre of land. My other neighbours (call them the Bs!) also keep chickens and like mine, they free range on our (own) land. These neighbours are lovely!

 

My strange neighbours (Ps) have made it very clear to both of us that they object to the chickens and our dogs (which we both own) and they have erected security fencing and cameras to monitor any 'trespass'. I have spent much time and money on fencing, as I agree that the Ps have every right to expect that I take steps to keep my ladies on my land. However, about a month ago, one of my girls go through a hole that had been made by a new badger run. On being aggressively summoned to remove the naughty chicken, I apologised profusely and caught her. I was subject to aggression and insults from the neighbours (awful, as my 10 year old was with me to catch her) and it upset me quite a bit (my husband works away).

 

Anyway, despite closing the gap and inspecting the fence regularly, it seems one of them has got through again this afternoon. I could see a couple of her feathers where she's gone through the same badger hole. However, I couldn't see any sign of her so was forced to wait until my neighbours arrived home and found her, which would lead to the dreaded, but necessary phone call. I can't go into their garden because of the surveillance cameras and padlocks on every access gate.

 

However, still no sign. I'm thinking that she's been got by mister fox (first in 3 years!), but it seems odd that she may have gone through to next door. Are they legally permitted to catch her and 'deal with her'? Seems far fetched, but they are a very odd couple who are impossible to predict.

 

By the way, I've just invested in the omlet netting to keep them completely away from the boundary line as I do respect their desire for a chicken free garden, I just would like to think she was got(swiftly) by a passing fox rather than any alternatives, but it seems such a coincidence that she went through the boundary first...

 

Sorry for diatribe, but anyone with awful neighbours may understand...

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Your neighbour sounds like they may be unwell and very bullying.

What a difficult situation.

I doubt they would be able to "dispose" of some one else's pet surely the RSPCA and police would have something to say ? :shock:

It always surprises me when people live in rural/semi rural situations and expect there to be no animals.

Good luck! Really hope your girlie finds her way home!

(Maybe you should keep a record/diary of there behaviour just in case)

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I don't know the legalities of it, but I doubt very much that they would be within their rights to dispatch a straying chicken. However they could be working on the assumption that it would be impossible to know what has happened to the escapee - as you say it could equally be a fox or even a badger if you say there's a badger hole. So who knows? :(

These people sound very weird indeed and I think your best course of action is to do what you're already doing and make sure your hens can't get into their garden.

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I fully sympathise with this, having had similar difficulties with neighbours before. You must keep a diary - who said what and when, so that it can be used if things escalate. Hopefully, you'll never need it. We didn't in the end, but we still have it (14 years on) in case it occurs again.

 

This may not be entirely helpful, but if the problem is due to them getting through the badger holes between the properties, where are the badgers actually living? If they are living on the neighbours side, presumably you have the same right to request that they keep the badgers out of your property?

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Thanks for the posts everyone. She's still not turned up (and have just sadly closed up the gap in the fence, still with a few of her petticoat feathers present :( ).

 

Thanks for the advice. The diary is a great idea, have had to do this for the past 18 months, since they complained to the council that our dogs were out marauding and barking each night in their garden (our dogs are locked in the kitchen every night). Our other lovely neighbours have to do the same (based on more dog and chicken complaints). So sad, especially as we are in such a beautiful area surrounded by fields and hills.

 

I can't be sure if its a badger run that broke open, it's just that we have lots about and they crash through hedges and banks like tanks. It's equally likely that it was one of (nasty) neighbours large cats who we frequently see in our garden. Though they poo in the borders and scratch up soil, I wouldn't complain about their cats to them, despite my having young children. Am I being unreasonable to be thinking I could?

 

Anyway, long and short of it is that Snowdop (light Sussex) isn't back and the most likely explanation is that it was a predator other than my Mount Doom neighbours. I feel I'm in danger of becoming quite as mad as they are... Still, can't help wondering :?

 

L

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Whilst legally cats are free spirits and therefore can't be kept out of your garden, I think given how unreasonable your neighbours are I'd be asking them to make sure their cat doesn't stray onto your property. After all, who knows what might happen if your dog got hold of it? (Hypothetically of course). Some nice prickly bushes nd a powerful water pistol may be of assistance in this matter :lol: (For the cat, not the neighbours).

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Sorry you have lost your chook. I serious doubt you neighbour would have any rights to despatch or rehome a chook if it strayed into their garden. Your chickens belong to you so they would be stealing if they did not return them.

Beside I imagine your neighbours would rather have the opportunity to complain to and about you again, rather than sneakily dispose of a single chook.

 

Whilst legally cats are free spirits and therefore can't be kept out of your garden, I think given how unreasonable your neighbours are I'd be asking them to make sure their cat doesn't stray onto your property.

 

At the very least you can return any 'presents' the cats leave behind to them. :evil: For the safety of you children obviously. Of course it might best to ask your neighbour if they would prefer to collect it themselves or if you should just drop it over the fence. :whistle:

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IN SHORT... If one of my chickens strays into next door's garden, are they permitted in law to despatch her/ 'rehome' her?

 

No, they are not wild animals and they are usually kept in captivity. If they rehome/dispatch your chickens, they are breaking the law under Section 1 of the Theft Act 1968.

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The gall of some folk. Happy for their cats to park their lunch in your border ( I am a cat owner so not anti cat) You have plenty to grumble about back and should take photos of said moggies. Any news on your girl? The neighbours sound mentally ill to me - hope you can steer well clear.

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I'd be tempted to put 'lost' leaflets through people's doors (including the neighbour)

 

Something like 'Lost, Tilly, much loved family pet, loves mealworms and laying eggs, missing since ... small reward offered for safe return'

With an engaging picture of your missing hen if possible - or 'borrow' one of a similar looking chook

 

On the vague off chance that she's wandered further, that might help.

 

But the main objective would be to put your neighbour 'on notice' and that such disappearances won't go unnoticed/unremarked

 

My legal expertise doesn't extend to poultry, but I do know that in law they are 'livestock' and as such 'property' - so any disposal would be theft. It might be worth contacting any local shelters to see if she's been handed in - I know the RSPCA in Leicester has had wandering chooks brought in from time to time

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How awful for you and your family - I can't offer much more help than what's been said, but I do hope your hen returns home soon, or you are able to find her via a shelter!

 

Good luck with your neighbours too. It's a shame you can't choose your neighbours!!

 

x

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Your neighbours sound horrid.

 

But generally speaking, if you keep "livestock" then YOU have the obligation to keep them from straying - by that I mean that you have the obligation to maintain fences etc. Can you imagine if local farmer didn't keep his fences in good condition and cows strayed into your garden?

 

I agree with you that the damage a chicken would do to borders wouldn't be as unpleasant as a cat using them as alitter-tray, but cats don't count as livestock and owners aren't expected to prevent them fouling other peoples' property.

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I think the Ps sound totally obnoxious and rather nuts too. It sounds like you are doing all the right things such as keeping a diary and reinforcing the boundary with the Omlet netting. If it were me I'd be worried that the neighbours were the culprits in the total disappearance of your little hen, but alas there is nothing you can do about that :(

I'd recommend avoiding out and out arguments with them if you can, so that things don't escalate too much. I've found that sometimes being as nice as pie to such people can have a peculiar pleasure in itself. :lol:

 

As for the cows situation - well we had just that in a previous house. We rang the farmer and helped him herd them back out. The lawn was trashed, but it really was an accident and it all grew back again eventually, so there was no point getting too cross about it. I certainly would not have thought of despatching them :shock:

 

As for all the surveillance cameras, a neighbour round here has loads of those, and I hate it. I wish there was some law that stopped people 'spying' on others apart from right up by their own front door. :roll:

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