Neighbor hates my chickens- will she do them harm?

[Mahan5175]

I am replying just so I don't lose this thread. I am sorry you have to deal with such a stubborn and rude person! I am so glad you are standing your ground about your rooster . Please keep us updated !!

 

[Hershy]

Isn't there usually a law that if they accepted the property line as it was they can't take it back?

There is probably a minimum age on existing fences, and I think this fence is fairly new...(could be wrong though)

 

[Katz5617]

I believe the previous poster may be referring to Right of Adverse Possession. If that is the case I think it is something like 7 years openly claiming it as your own without the real owner laying claim to the fact that it is theirs. I.e. we have a fence on another piece of property that we allowed an adjacent landowner to place on our property to allow his cows access to a stream for watering. We allowed it, gave him written permission and marked the true line with paint and signage. Even though the man's fence is several feet over on our side, we have always acknowledged that it is ours. He has since died and his heirs tried to use the fact that the fence was there and had been for many years so therefore they owned it by right of adverse possession. We had documentation where their father had asked permission and we had granted it, saying that we acknowledged that he was placing the fence and we were allowing him to do so to water his cattle but that we and he knew that our property extended beyond that fence line and had marked the line on the trees with paint. With that document and the sheriff came out to see the painted line which we periodically repainted, they lost, we prevailed and because of their attitude we had them move the fence back to their property and their cows no longer have access to the water and they must provide other means of watering their animals. Had we not continually acknowledged that the land was ours and did so openly we would have lost. He was some 10-12 feet inside our line for a distance of 1000 feet which would have cost us not a huge acreage but more than we were willing to lose. In addition since we prevailed in court they had to bear all the legal costs as well. The neighbors in this case are most vehemently declaring openly that those three or so inches are theirs.

 

[RJSorensen]

Because of a canal, and there being no bridge over it, we allow the owner of the field next to us, to have access to it via a ten foot dirt path. It has been this way for many years, like since 1935. But we always plow the road every year, so as it does not become a 'legal' road on our property. We are and have always been friendly, but one never knows when the kids will try to make a grab when dad is gone. Much like the above post…

RJ

 

[chickbrad24]

Violation of a Town Ordinance- no roosters.....it trumps the right to farm law. Right to farm is designed to protect farmers from civil lawsuits because of their daily farm operations (noise, smell etc.) Yes...I talked to a lawyer...it's a bummer. I guess I am just going to have to hope the little collar keeps Spock quiet enough. However, I really want to wait to put it on until the very last day before they are going to fine us....at least I can have that.

Yes, 50 acres, 100 acres-no roosters over 6 months of age....the town rezoned everything back in the 80's I think? They made all kinds of new agriculture laws...like you have to have 2 acres to have a horse etc. The building my chickens are in was the old milk house a long time ago...so if I wanted to have a dairy farm with as many cows as I want I can. But I can't have one, little, rooster because Crazy Lady complained. And the hardest part of it is that all I want to do is go take my horse trailer to the nearest livestock auction and pick up a trailer full of the noisiest creatures I can find. But that's not me......but I sure hope my new goats are screamers!

I have read all 13 pages of this I laughed I cried I got angry and was yelling at my phone. I feel terrible you have to give up Spock. I nearly lost it and balled my eyes out. Reading this was an emotional roller coaster. I wish I could give you a hug.

 

[TheSitcomGirls]

Yippee... fence construction starts tomorrow! We put a few stakes in. Crazy Lady freaked out when my DH moved the stake that is by the road. She yelled at her husband who had just barely driven in the driveway. I could only make out something about the stake moving and "Why, why did they move from there to there!" She sounded frantic and crazy. She is going to flip out when the first post goes in. DH is working from home tomorrow... he can deal with her! I'm going to take the puppy to the vet!

DH did some research today. If the head zoning enforcement officer denies our request to keep Spock then we can appeal the ruling... to guess who? THE ZONING BOARD OF APPEALS... the same group of people who DENIED our request for an 8 Ft fence to solve the noise/crazy lady problem!

If they deny our request then we can appeal to the superior court.... which we will. And all that will take until October at least... if we lose then I will put the collar on Spock and hopefully it will keep him quiet enough. The collar is the last resort!

So for now Spock stays and Spock crows LOUD, really LOUD!!

 

[chickbrad24]

That's great!! hopefully Spock can stay I can't believe how crazy this women is that's she going out of her way to cause problems. Did you think of filing a PFA ? I would have done that from the day she tried to sneak into your coop.

 

[HugHess]

Quote:

Can Sitcom go to a Primary Care Physician and get a 'doctor's note' stating that the lights are detrimental to her sight and ocular health in general, thus nullifying the need to avert her eyes on her own property? That has to be an invasion of privacy?
Then if crap hits the legal fan she can use the need for doctoral intervention to counter with physical and emotional distress caused directly by neighbors actions, thus leaving the door wide open for Sitcom to seek compensatory if not punitive damages? If necessary to rebuff neighbors mental instability....
I 'feel' like that emoji guy up there! Giving me palpitations just trying to put myself in her shoes.
Keep your head up, your foot down, and stay well wrapped within your rights! Hope our legal system serves you well if/when you may need it.
Aside...If neighbors verbally gave support might they also put that sentiment in writing, bolstering her case of it's HER not me.
Best wishes for peace/resolution and a swift return to sanity.

 

[donrae]

I'm wondering how they're going to prove a rooster is over 6 months old? I'd be keeping ol Spock a long time, just saying he was a different rooster each time. You love the breed, the roosters of the breed are all virtually identical, and you loved Spock so much you've called each successive rooster Spock in his honor. How can they prove it's the same bird each time? Maybe put the collar on him for a month, then take it off again...voila, a new rooster just got old enough to crow! Let him go a few months, put the collar on, repeat.

I've gotta do something nice for my neighbors........

 

[Mah1Mah1]

I reckon you should show her this thread, show her how much pain she has put you through and how much we support you against her.