Title Deed Restrictions. Confused !!!128533;

Memphis-Belle_2

Hi, all.
I was hoping to keep a couple of hens for the odd egg but knew to check my title deeds first. But they're contradictory lol.
This is what is confusing me.

(e) Not to keep pigs or poultry on the land save as to poultry only for
the private use of the occupiers.
2 The following are details of the covenants contained in the Conveyance
dated 23 February 1965 referred to in the Charges Register:-
"The Purchaser hereby covenants with the Vendor:-
No building erected on the said plot of land hereby conveyed shall be
used for any purpose which may cause a disagreeable smell or which may
be noisy noisome or detrimental to the neighbourhood nor shall the same
be used for a shop or warehouse nor shall the sale of beer or
spirituous liquors be carried on or permitted in any part of the said
building or in any manner upon the said plot of land nor shall any
poultry or pigeons be kept on the said plot of land."

One part says its OK as long as its for occupier use. And states no pigs lol.
Next part states no poultry but no mention of pigs.
Sigh.

Does anyone know anything re if one supercedes the other etc.

silvercar

2 may be for the benefit of the vendor. Was it part of an estate? So they may not want anything to put off buyers of nearby properties.

Worst case is that you keep poultry, someone calls your attention to the lease and you sell them on or they become tomorrow's dinner.

Memphis-Belle_2

silvercar wrote: »

2 may be for the benefit of the vendor. Was it part of an estate? So they may not want anything to put off buyers of nearby properties.

Worst case is that you keep poultry, someone calls your attention to the lease and you sell them on or they become tomorrow's dinner.

Yes the house is on an estate as such. As in the roads etc were all built aromd the same time.

Badger50

Section 12 of the Allotments Act 1950

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.

Memphis-Belle_2

Badger50 wrote: »

Section 12 of the Allotments Act 1950

Badger can you please translate into ladybird terms please. I've read this doesn't apply to back gardens in private residential houses.

davidmcn

Memphis-Belle wrote: »

I've read this doesn't apply to back gardens in private residential houses.

Where did you read this? There's no such qualification in the legislation.

There's at least one fairly lengthy previous discussion here about it if you search, but as far as I can work out it is still in force and overrules title covenants.

Doesn't necessarily solve the practical issue of neighbours moaning about it though!

Badger50

It means that regardless of what it says in the deeds you can keep hens. In 1950 there was still food rationing which is no doubt why the law was passed.

Although the short title is the Allotments Act it is actually

An Act to amend the law relating to allotments and to abolish restrictions on the keeping of hens and rabbits.

I can't see anything to suggest that the section on rabbits and hens doesn't apply to private houses.

Davesnave

.....And please, don't anyone start the next phase of this well-worn argument, which usually focuses on whether cockerels are included!

Memphis-Belle_2

No they're not? !!!55358;!!!56596;

Memphis-Belle_2

Davesnave wrote: »

.....And please, don't anyone start the next phase of this well-worn argument, which usually focuses on whether cockerels are included!

It may be well worn but I still couldn't find anything definitive. The law is so woolly at times. Sigh. !!!128532;

Annie35

Christ! Don't get a Cockerel just for the fun of it, they are not fun at 4am every morning!