Can my neighbour kill my chickens?

[psittacinekane]

I live on 12.25 acres, right in the middle of a booming town, surrounded on three sides by development. The property is rather unique and I'm in a situation wherein I need some advice regarding my rights as a small-flock, chicken keeper.

Part of my flock, (consisting of an EE Rooster, a BR rooster and two Bearded D'Anvers) unwisely chose recently to leave my property and forage in the neighbour's backyard, which adjoins mine. This neighbour was very upset and when I tried to reassure him that I was in the process of solving the problem of the wandering "debuggers", he went nuts smacking the ground with a broom. All the while, he ranted about By-Law Enforcement, having no rights, and used a great deal of profanity. Upshot is: He says next time he sees them, he's killing them.

As a brief history, this neighbour spent most of the summer wandering my horse track looking for a Jack Russell he was babysitting for a friend, and twice has knocked at my door looking for his wife's lost cat. I didn't charge him with trespassing, nor did I hit him, the cat or the dog with a broom.

While I originally thought his complaint was with the chickens in his yard the one time, his wife states that he has an "anger management problem, and he objects more to them crowing" regardless of where they are. As a result of this morning's fiasco, I now find out he feels our horses are "disgusting" and we keep "feral" cats. (I have four show horses, and two extremely docile Manx barncats.)

I have contained the offending four roosters for the time being, but wonder what my rights are as the situation exists right now. They're my chickens. They're crowing on my property. This is a farm and more often than not, there are Canada Geese wandering through as well. (They are extremely loud)

Where do I stand, Experts and Fellow Chicken Lovers? (Sorry for the long narrative.)

 

[oldchickenlady]

Check your local laws specific to your area. Nothing someone tells you on this website will matter as much as your local zoning laws, covenants, etc. However...he can not come onto YOUR property and kill your chickens. If they are on HIS property that may be a different matter.

 

[ams3651]

Your going to have to check your zoning and ordinances. I know my neighbor can kill my chickens if they wonder into his yard, which they do and he has threatened. And in turn I responded that if his dogs come on to my property chasing my chickens, which are livestock and protected as such, I would get rid of them as well. I would put up no trespassing signs along your fence and ignore his rants about smell and noise. After all i suspect that the farm land was there before the development. If they want to live there they should have expected noises and smells.

 

[psittacinekane]

Any idea if this situation would fall under Poultry By-Laws or a Noise Complaint?

 

[EweSheep]

Yes.

 

[darkmatter]

You should get thirty or forty Guineas and a few peacocks too.

 

[psittacinekane]

Yes, it's a noise complaint, or yes it's a by-law enforcement matter?

 

[psittacinekane]

Quote:
LOL darkmatter. The thought HAD crossed my mind. Gotta admit. I am looking long and hard at his trees, which hang over my house and have destroyed one of my roofs to date, as well.

 

[lovinlife]

Is there a fence around your property? If not, putting one up should help keep your chickens on your property. If they have enough space to forage without going over a fence, they usually won't fly over it.

12.5 acres is quite a bit of land. Your coop and house must be close to the property line. I live on 10 acres and my chickens have never crossed my property line, ever. They don't go further than about 200 ft from their coop.

 

[justbugged]

Quote:
It was yes to both. The complaint can be made either way. Some city by codes allow chickens, but don't allow noises between certain hours, and of corse trying to explain that to a roo is nearly impossible.