1. If this is your first time on BYC, we suggest you start with one of these three options:
    Raising Chickens Chicken Coops Join BYC
    If you're already a member of our community, click here to login & click here to learn what's new!

i need advice , probably from a lawyer

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by TinTennessee, Apr 16, 2012.

  1. TinTennessee

    TinTennessee Chillin' With My Peeps

    579
    20
    138
    Mar 25, 2012
    Springfield , TN.
    My Coop
    So I check the mail today & find an anonymous letter with an attorney's name and info about restrictsions on my neighborhood. It states that no poultry live stock or other animals shall be allowed or maintained on any lot not to include cats or dogs. This is for a period of 30 years from the date the restrictions where issued . Which was July 11th 1985. So if I read this right I can legally own chickens in roughly 3 years. This bites!!!!!!!! If I didn't receive this notice in my full disclosure when buying the house ,as a matter of fact it states that there are no restrictions in the neighborhood,I already have my chicks & i am not giving them up without a fight or court case.I live in the country, 7 miles from the nearest town. can I fight it & win?
     
  2. FireTigeris

    FireTigeris Tyger! Tyger! burning bright

    Pull out your copy and make copies of your paperwork-
     
  3. Deviant

    Deviant Chillin' With My Peeps

    155
    0
    96
    Mar 9, 2012
    Fluvanna
    I like to start stuff all the time BUT

    "no restrictions in the neighborhood" do you still have this notice? If so hold on to it and if I was you I would make some copies of it so you can mail it to who ever OR take it to court.

    And where did July 11th 1985 come from? If you didn't get it I don't see why you have to give it up. To me some dumb city person don't like country people and they don't want the chickens around because they know chickens can grow BIG and can bark all night and kill people LOL. I say if they don't like it move back to the city OMG it's Tennessee not New York!
     
  4. cafarmgirl

    cafarmgirl Overrun With Chickens

    I would contact the city and get a copy of the ordinances for your area. Then you will know exactly where you stand. If you have written documentation from when you bought your place regarding no restrictions then you have a better leg to stand on to fight it.

    Was the info in the letter you got an actual copy of the ordinances or just something somebody typed up? I'd only be satisfied with a copy direct from the city.
     
  5. chickmashnoon

    chickmashnoon Chillin' With My Peeps

    A lot of times they will get a lawyer to put a sig on a paper to intimidate and encourage you not to pursue it. It doesn't always mean they are right. It depends a lot on how a judge has or will interperet the codes. I would see if you can get an exception if this is indeed a law, especially since it will no longer be in effect in 3 years anyway. Good luck!
     
  6. TinTennessee

    TinTennessee Chillin' With My Peeps

    579
    20
    138
    Mar 25, 2012
    Springfield , TN.
    My Coop
    it was from the register of deeds, it was noterized (sp?) the date came from the day the order was issued. i still have my documents, the only problem is there was no return address on the envelope and it was mailed from a different city than we live in. I really have no way to be sure who it came from but i have a couple of ideas.
    Today my neighbor down the road who has chickens had someone drive by and video the outside of his house. His wife asked them what they were doing, they said none of your bussiness. She asked who they were , they said they were with the taxe accessors office. she called them and no one works for their office driving the kind of vehicle she say. So she called the Sheriff's dept. They said it was good she called and they would check the area for vehicles matching the description. Sounds like impersonating a city official to me. not to mention tresspassing since he turned around in their driveway.
     
  7. fiddlebanshee

    fiddlebanshee Chillin' With My Peeps

    937
    36
    158
    Mar 11, 2010
    Frederick, MD
    In most counties you can go to your county office and request a copy of any covenants, deeds or other titles concerning your lot. If that search doesn't yield anything that says you can't have chickens you're fine. If, however, there is a covenant that has this language and you didn't get it at the sale then there's two things wrong -- your title attorney didn't do a good title search for you when you bought the house, and/or the seller didn't make full disclosure. Either case I'm not sure there is much you can do about it if there is indeed a legal covenant limiting the kinds of pets you can keep. The fact that you didn't know about it doesn't make a difference.

    However it sounds very fishy to me that this letter is anonymous, without a return address. There should be at least a return address where you could ask for clarification or register your objection to it. What did the letter state that you were required to do? Just to get rid of the chickens?
     
  8. chickmashnoon

    chickmashnoon Chillin' With My Peeps

    Is there contact info for the lawyer and the notary? Are they real people? and did they really both have anything to do with it? Could it be forged? It's not that hard to make professional looking letterhead. Does it give you a certain time period to comply with this supposed restriction? I also think this is suspect. Does it mention any fine or what would happen if you do not comply? i find it strange that you would be so far away from a town and they would care about chickens. I wonder if it's someone looking to develop land out by you who wants to get rid of livestock that may scare off potential buyers/investors for their housing development. Would explain someone driving by taking pictures and lying about who they really are . . . .
     
  9. TinTennessee

    TinTennessee Chillin' With My Peeps

    579
    20
    138
    Mar 25, 2012
    Springfield , TN.
    My Coop
    it didnt state anything other than according to the restrictions placed back in 1985 i cant have chickens. whoever mailed it high lighted that section and put a star by one that says basically just because i didnt know doesnt make it legal. thats paraphrased. its all in legal mumbo jumbo. Basically i have to have written permission from the original property guy ( the developer) to build anything else on my lot. if i dont i could have to tear down the structure. heck if thats the case people are going to be tearing down garages left and right around here. cause i garentee no one got permission they just built.
    there are no lots nearby to build on the property was all developed in the mid to late 80's. & the lawyer according to the entire letter was a personal friend of the developer. no contact info. I really dont want to contact the county, if they say its so then the chickens pretty much have to go. But what they diont know wont hurt them. I'm guessing the letter was mailed from a nosey busy body across the street. I've heard he tried to start a HOA before we moved into the area. and his garage is not original to the house. he told me so himself.
     
    Last edited: Apr 16, 2012
  10. jeepguy982001

    jeepguy982001 Chillin' With My Peeps

    1,138
    16
    138
    Oct 4, 2011
    athens, wv
    I agree with some of the other post differently not a lawyer in my opinion. Most law offices have their own letterhead on papers and on envelopes they mail them in. I think its very doubtful a real lawyer would take a case over chickens much less send a letter that has been highlighted. Plus i forget what kind of mail its called if they where going to try for a case you would have got the mail someone has to sign a receipt for. Sounds to me like you got a neighbor with a grudge and too much time on their hands.
     

BackYard Chickens is proudly sponsored by