Busted maybe

[Huskeriowa]

hi all,

So I live in a subdivision in a rural residential area that has about 30 homes in it. Each property is a minimum of 1 acre in size. The covenants clearly state no chickens allowed... ' No animals, fowl or birds, except customary household pets, shall be maintained on any lot.'

Before I get my head handed to me on this board I want to let you know I did do my own research before getting the birds. First there is NO HOA. Second I asked all nearby property owners if they had any objections and none did. Third I consulted with two attorneys and the developer and they agreed that covenants cant be randomly enforced. What i mean by that is there are covenants saying that you must sod and not seed which nobody follows, dog runs must be 'properly' screened from view by shrubs which nobody does, foundations must be painted which half the homes dont do etc. The attorneys simply stated that the disgruntled party must sue for all breaches in rules in the development and not just the one they have issue with.

My county is fine with chickens which I believe would be the rule of law if the covenents are not enforceable?

The reason I bring this to this board is this.... I have a neighbor that lives about 300 yards away. She is the owner of the local bad attitude dog that likes to growl and bite at kids and other dogs in the neighborhood. On friday she let her dog get off leash. In order to try to catch her dog she ran through peoples back yards to try to find it. Evidently once she was in my back yard (which backs to rural pasture) she saw the chickens. Since then she has been going up to all neighbors asking them if they knew I had chickens and if they are ok with it. I sense trouble coming from her. The funny thing to me is that no neighbor has heard or smelled the chickens. She clearly would not have an issue had she not trespassed but I am sure she wont see it that way.

She hasnt asked me about it yet and I am bracing for a letter from somewhere. I think I am fine legally or can fight her legally but it still makes me nervous. If she does start something I am going to tell her to go pound sand but what should I be prepared for?

Any insite would make me feel more at ease and prepared.

Thanks much

 

[Denninmi]

Well, if I were you, I know what I would LIKE to say to such a person -- that if she causes trouble about my chickens, I would return it to her 10 fold, so she better just mind her own business.

But, I don't know if that would be a very smart approach, just an emotionally satisfying one.

 

[suziedoozie]

Surely, there is a law concerning viscious dogs being let run lose in the neighborhood! Perhaps the threat of a call to the police would stop her? Maybe a call needs to be made anyway if her dog barks and bites at the children!

 

[Huskeriowa]

Thanks for replying. Honestly I am not sure what I am looking for or for that matter if anything bad is going to come of it. Mainly I am just expressing irritation. It is amazing to me that someone several acres away would care when neighbors that live next door cant hear a chicken.

 

[Lazy J Farms Feed & Hay]

By having the chickens you are in direct violation of the covenants attached to your property, covenants you agreed to when you purchased the house.

Regardless of the viscious dog, your neighbor has a right to object to your having chickens since she has the expectation for there to be no chickens in the neighborhood because of the covenants.

JIm

 

[Wifezilla]

If there is no active HOA, they can't enforce the covenants. County law would then prevail. She MAY try to get the HOA back up and running, but I am not sure how that would work.

 

[ewitte]

Quote:
Talk with her. If she wants to turn you in threaten trespassing charges.

 

[ThinkingChickens]

CC&R's can be enforced by the builder, if the development is still under construction, or through legal action. CC&R's are absolutely enforceable regardless of their being an HOA attached. I worked in title and escrow before stopping to have my son. That being said, you were also right that ALL CC&R's would be called into compliance. I'm doubting that will happen. Make sure your county ordnance states that chickens are allowed in the area, make sure your setup is clean and maintained and don't let this keep you up at night. She was probably just surprised to see that you had chickens more than angry that you had them. You should go right over to her house and say, "I heard you might like to get some chickens for egg laying and I thought I could help you with information." Ha ha, that's what I'd do.

 

[cindylo]

If the HOA isn't up and functioning, you might be in luck (sort of). Now, does your county or parish generally allow poultry on lots the size of yours? Usually they do, even if they have some requirements. Where I live the local authorities won't get involved a bit with regard to HOA Covenants and special restrictions, unless they are identical to the municipal codes. The HOA may make a civil case out of the chickens, but probably can't succeed if you can prove they have not enforced the other covenants. Besides, they probably don't have the $$ for a legal fight. Enlist the aid of a sympathetic neighbor or two if you need some backup. Good luck to you and your flock.

 

[SIMPleChick]

I agree with the trespassing, if she was in your yard. I also agreee that if you are singled out, you name everything else everyone in the neighborhood has not done, even if it means you make a few enemies....But I like the idea of you oging over with "information" on raising chickens to be self-sufficient and for food in case of emergency. A way of having food storage! And hand her a dozen eggs and ask her if she has tried fresh eggs. Then if she screws you over, hit her with everything you've got and then use the next dozen eggs to egg her house! LOL! jk Hope it all turns out!!!! I have 11 hens in an area where I think we are only allowed to have 3....hehehe...my neighbors are ok with it but who knows what will happen! GOOD LUCK!!!!