Hen keeping and Poultry Restrictive Covenants... Help!

Kaysie86

Hi,

I need some advice from a legal eagle!

I want to put some ex-battery hens in my garden - however on the deeds it states that no fowl is allowed to be kept. I've been doing some research and found the allotment act 1950. I understand that it states that the owner of any land is allowed to keep rabbits or chickens despite what any covenant, restriction or rule says. I also read off another forum that an "allotment" described in the original 1922 allotment act that an allotment constitutes an allotment garden or a piece of land less than 5 acres that is either to be used as a farm or a garden farm (whatever that is??).

I have a small garden and although my next door neighbours have said it was okay with them, I am a bit concerned that the neighbours at the back may complain. The only way the builders can find out is through a neighbour because it's not something anyone can see from the front of the house.

Therefore, if the builders find out, can I use this as a legal argument and get no reprisals from it?

Has anyone actually had this type of convenant removed and was anyone sucessful fighting this?

G_M

Is this an old property with a restrictive covenant from years gone by, or a new build with a recent RC?
The former is unlikely to ever be enforced, the latter, more likely.

Britwife

I would contact your local council. I'm sure I read somewhere about another being in a similar situation and the builders found out because they were around conducting "routine maintainence". These people have been given a deadline to remove the hens. I don't know the outcome.

Contact your council and ask questions.

Kaysie86

Sorry! I live in a new build since 2009. Like the other covenant posts my neighbours have moved plants, leave their cars on the street, keep commercial vehicles on drives and have a for sale sign outside a house. They're all breaking the covenants also but I wouldn't bother to complain!

evening_all

Hi,

The people who live behind us have chickens and they're the most annoying things ever especially during the summer when I've got my windows open during the night and they start making noise at 4.30am when the sun rises. I work shifts and all through the day it's just constant noise to the point I'm thinking about contacting the council to see if anything can be done as I just can't sleep. They've always had loud animals since moving in a few years ago, before the chickens it was dogs which they kicked out during the day in the back garden whilst they went off to work. Constant barking. I would 100% make sure all your neighbours are happy and know what they're letting themselves in for before getting them in.

Yorkie1

The allotment act doesn't apply to back gardens I'm afraid.

Kaysie86

Thanks for your responses-

Please could you explain why the act doesn't apply to back gardens? I thought that when it stated in the allotment act "any land" then it would include any land by a person owns.

Secondly, if this is the case... can someone explain the process of a modification to a restrictive covenant application? If I apply and pay £200 to the land tribunal to get the ball rolling how much could it cost me? Do I need to inform the deed's Grantor or will they found out through the land tribunal?

I really have no idea what to do and I don't want to get embroiled in a hefty payout which I can't afford.

Yorkie1

Yorkie1 wrote: »

The allotment act doesn't apply to back gardens I'm afraid.

Kaysie86 wrote: »

Thanks for your responses-

Please could you explain why the act doesn't apply to back gardens? I thought that when it stated in the allotment act "any land" then it would include any land by a person owns.

I do apologise. It's a while since I read the 1950 Act and wrongly recalled that all of its sections applied only to allotment gardens. You are quite correct

Section 12 states:

12 Abolition of contractual restrictions on keeping hens and rabbits

(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.




Afraid I don't know the position about the validity of a restrictive covenant versus s.12 Allotment Act 1950, particularly if the covenant was first imposed after the commencement of s.12 (it might be arguable that if first imposed before s.12 was in force, it is impliedly repealed by s.12 - but I'm really not a specialist in this area and wouldn't like to try this line of argument out).

Hopefully someone else will be along soon.

DVardysShadow

Yorkie1 wrote: »

Afraid I don't know the position about the validity of a restrictive covenant versus s.12 Allotment Act 1950, particularly if the covenant was first imposed after the commencement of s.12 (it might be arguable that if first imposed before s.12 was in force, it is impliedly repealed by s.12 - but I'm really not a specialist in this area and wouldn't like to try this line of argument out).

Non expert opinion: The Act is quite unequivocal. A restrictive covenant is a covenant and the act as worded applies to all past present and future covenants.

laurel7172

Is the development finished? Because if not, the builder is likely to want to enforce the covenant. If he's finished and gone, he's very unlikely to care.

Also, though you do seem quite clear and specific about the covenant banning fowl, are you sure that's the wording? Mine is more vague-it bans "animals not usually kept in a domestic setting" or somesuch. That probably covered hens when the covenant was written in the 1980's, but there would be an argument that it doesn't now...

Kaysie86

Thank you so much for your help!! I'm feeling a bit better now, though I don't know whether this would stand up in court and I have yet to find any cases that prove so.

My estate was completed and the last occupiers moved in during Dec 2008-Jan 2009. I believe the Allotment Act has not been amended since 1950 and still stands. As I understand it over-rules any covenants and can only be trumped by an European Directive.

Anyway, back to my builders... unfortunately they have been building housing developments in my area and further into the Welsh Valleys. Their area offices are about 2 miles as the crow flies. We've had them out a few times to do snagging etc and they've been a bit naughty by turning up at my property unannounced and without prior knowledge or consent drilled vents into my roof whilst I was out! In a way I'm wondering if I can use this as a bargain tool should they ever say anything about hens.

laurel7172 - I can't as yet write the exact wording of the covenant as I dont have my deeds and neighbour is making me a copy of his but I haven't had it yet. If I can find out as much as I can about the Allotment Act it stands me in good stead with this.

Thanks again!