Deed restrictions

handsomeoak_2

I have a restriction on my Deeds that state I can't keep chickens. I live in a rural area and my back garden overlooks farm land. Is there a quick an easy way to get this restriction lifted?

DVardysShadow

Keep chickens and see who complains? Challenge their right to complain and only if they have standing under your covenant should you take any notice. Avoid keeping a cockerel for the first few years.

Yorkie1

I believe that s.12 Allotments Act 1950 is your friend.

Don't be fooled by the title, its purpose is "An Act to amend the law relating to allotments and to abolish restrictions on the keeping of hens and rabbits". The use of second "to" implies that it is a separate purpose, rather than linking the restrictions specifically to allotments. Also, the index to the Act includes ss.1 - 11 under the heading "Allotments" and s.12 under a separate heading "Abolition of contractual restrictions on keeping hens and rabbits."


Section 12 itself says:
(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.

My view of what this means is that your deeds are overridden by s.12, and that as long as they are not causing a statutory nuisance (noise, smells) you're OK to keep chickens (but not cockerels).