5 acres in the country.... NO LIVESTOCK?!?! *EDIT*

[wjallen05]

We bought a house. It's PERFECT. We LOVE it. It's on a full finished basement. It's on FIVE acres. It's in the country. (we're even getting an RD loan on it). Across the street (way back on like 100 acres) is a huge cow pasture and SIX chicken houses. Everyone around there has farms and livestock, except for the immediate (3) neighbors. Yesterday, we found out that there is "no livestock allowed with the exception of up to 2 horses" (for our property and the 3 neighbors b/c that is what the seller of the land put in the contract) ARE YOU KIDDING ME?!?!?! OMG! I don't care I am going to have my chickens anyway (hens atleast... but I am worried about the roosters...). The one neighbor said he didn't mind and that he was thinking about getting some hens too. I need to go today and ask the other neighbor to be sure. I also have 4 (miniature, de-horned) dairy goats that I better be able to keep over there or there are going to be some serious problems.

EDIT EDIT EDIT!!!

I just talked to our realtor and the information that I had (given to me by my husband) was incorrect.

He told me the following:

It is actually in the COVENANTS (this is a "subdivision" (who knew?!) with 4 homes each 5-10 acres) and it stats "no farm animals including goats, sheep, pigs, cows, chickens". The kicker? The name of the subdivision is actually called "Jackson Farms Subdivision"

 

[annie3001]

wow! you would think 5 acres would be enough?

in my town you need i believe its about 2 acres just for goats.
good luck to you!

 

[redhen]

OOh darn! That really REALLY sucks!

 

[Lensters]

If this wasn't disclosed to you before you bought the place you need to start a discussion with your title insurance company. You might want to see a lawyer about how binding the original contract is and if it can be amended as well. I got in writing from both my realtor and from the title insurance company that I could build a barn and raise animals before I signed the papers at closing. Now if anything comes up, I can go back to them with it in black and white and get compensated. However, that is highly unlikely as the barn is built with the approval of the building inspector, it is housing 100+ chickens and the neighbors have asked me how I keep the noise down and why there is no perceivable smell.

 

[M To The Maxx]

That is terrible!

 

[startingaflock]

This might be a stupid question, but Why does the guy selling the property have any say what you do with it? He sold it, it's not his anymore!

 

[Katy]

It could be because of the chicken houses that there is a covenent on the ground. Lots of large chicken growers because of biosecurity don't allow chickens within a certain distance.

This might be a stupid question, but Why does the guy selling the property have any say what you do with it? He sold it, it's not his anymore!

You can put a covenent on ground limiting it's future use. We plan on putting one on our pasture that it can never be used for anything other than agricultural pstureland.​

 

[Lensters]

Quote:
A person can write just about anything into a contract for a deed. That is how the Sierra Club and other wildlife conservancy groups keep land from being developed, by buying a http://en.wikipedia.org/wiki/Conservation_easement on a piece of property. This goes all the way back to purchasing mineral rights and claims in "English Law".

 

[natrgatr]

Quote:
You can put a covenent on ground limiting it's future use. We plan on putting one on our pasture that it can never be used for anything other than agricultural pstureland.

Not all states support future use covenants (especially is not overtly disclosed in by the realtor). Most states recognize that, once the land is sold, the previous owner has no legal interest in the real estate.

Check with a lawyer.

 

[natrgatr]

Quote:
A person can write just about anything into a contract for a deed. That is how the Sierra Club and other wildlife conservancy groups keep land from being developed, by buying a http://en.wikipedia.org/wiki/Conservation_easement on a piece of property. This goes all the way back to purchasing mineral rights and claims in "English Law".

Notice in the article in the attached link that the "Conservation easement" is totally voluntary and the land is protected to an "agreed upon level". Prior knowledge by the buyer is the key to enforcement.