Neighbor Chicken Hater

[Katy]

Quote:
Not to high jack this thread (I am no where near Colorado), but found the article interesting. Somehow, I don't think this law was intended for chickens. There is no way the 'lawful' fence would EVER keep a chicken in or out of property.

I did look into this too with my neighbors, and in Co, chickens are considered livestock..I had to cover my bases...

I agree that chickens are livestock, but the fencing requirements weren't put into place for chickens since a three strand barbed wire fence would do zip to keep a chicken in. We have four and five strands for our cattle even. I suppose it would be interesting to see what would happen in a court case if someone wanted to challenge keeping their chickens penned.

 

[drumstick diva]

OP just think if, your chickens love free ranging . Change that to Your dogs love free ranging. Isn't that what so many complaints are about? Why should your chickens love for freedom be different than a dogs wonderlust. Okay maybe your chickens aren't going to kill or maul the neighbors lifestock or pets (if she has any)but she has legitmate complaints about them on her property. I don't think you'd enjoy dogs on your land whether they actually harm your chickens or not.

Why should your stock be immune? You can fence up your chickens and they will get over it and survive. Believe me. So would dogs and cats NOT permitted to roam free. We expect our pets/livestock to have human feelings and they don't. They only know what they are allowed to do. I'd rather buy my own eggs than have someone's chickens tear up my yard and garden and poop to kingdom come. They are your animals and your responsibility - not your neighbors. Even if she doesn't come around to your thinking - this doesn't make her a bad person. At least she came out and said what troubles her instead of retaliating against your birds.

 

[Katy]

I just found this about Austin's chicken laws.....have no idea if it's up to date or not.

Austin, TX. Up to 10 fowl per household, but keep in enclosure that's 50 ft. away from neighbors. Other soucres say there is currently no limit on the number of chickens you can keep here. The city is considering banning roosters​

 

[greyhorsewoman]

annep answered: I did look into this too with my neighbors, and in Co, chickens are considered livestock..I had to cover my bases...

Even if you are correct it goes on to say:

Any person maintaining in good repair a lawful fence, as described in section 35-46-101, may recover damages for trespass and injury to grass, garden or vegetable products, or other crops of such person from the owner of any livestock which break through such fence.

Which I take to mean that the owner of said livestock WOULD be liable for any damages AND I think, additionally, I read that they could legally take ownership of the livestock.​

 

[Cass]

I would offer to pressure wash her deck, for sure. A free dozen fresh eggs might soften her heart a little. I would go further and tell her that if they chickens come over, against your wishes (meaning you have done what you can afford to contain their roaming hearts), you will come back and wash the deck again as often as it takes to get it through their bird brains they are not welcome at her house. And give her your phone number so she can call if they poo again on her deck. A lot of people are very stressed after moving and find something, anything, to complain about in those first few months in the new house. I know *I* did, fortunately it wasn' t about neighbors, it was about traffic speed. (I only have ONE neighbor but 100's of cars each day)

 

[b.hromada]

Quote:
Sounds like a good idea to me.

 

[Happycowdog]

We had the same problem. We just moved in to our renovated house a few years ago and we are now building around the property. Our house was abandoned for ten years!!! Anyway, we just got chickens and I love it!! Our chickens free range and we have an elderly neighbor with acreage. Our chickens would go over and dig in his dirt and poop. He said he didn't mind, but still, we built a fence just to be respectful. It's just respectful to keep your animals out of neighbors yards. I mean, what if a neighbor got a dog and the dog came over and killed your chickens? How awful! We are better to be safe than sorry!

 

[Happycowdog]

Quote:
We had to clip our chickens wings. The only wings we didn't clip were the roo's because he would have to protect our girls. It is easy to do and doesn't hurt them. I will try to find the directions on here somewhere, or, you could look it up on your own. Again, it is easy and goes quick, you just need two people and a good pair of scissors.

 

[mercedes]

Quote:
X2,That's what it's really all about.Being respectful to others and treating your neighbors like you would like to be treated.

 

[HogbackMtnChickns]

Quote:
Not to high jack this thread (I am no where near Colorado), but found the article interesting. Somehow, I don't think this law was intended for chickens. There is no way the 'lawful' fence would EVER keep a chicken in or out of property.

I did look into this too with my neighbors, and in Co, chickens are considered livestock..I had to cover my bases...

Sorry to post yet another Colorado specific response, since that doesn't really help the OP - but this should be clarified.

The Colorado fence law is a state statute that protects livestock owners from certain types of liability (but not all). It states that if you do not have a "lawful fence" (which is a 3 strand barbed wire fence with substantial posts) around your property, the owner of any livestock trespassing onto your property is not liable for damages to your grass, garden, vegetable products or crops.

The fence law does not protect a livestock owner from personal injury claims or other property damage aside from crops/garden. For example even if the property owner had no fence at all around their property, the fence law offers no protection for the livestock owner from a claim arising because the neighbor slipped and fell due to chicken poo on his front porch, or suffered leg or arm scratches from a rooster attack, or the chickie poo damaged the boards on his deck. An unfenced property owner just can't complain about his tomatoes being ravaged, or his lawn desecrated. He is out of luck there.

As other posters have mentioned, the "lawful fence" is not adequate to keep out goats or chickens or ducks or what have you. Often times, it is not sufficient to keep out cattle. Legally - the fence doesn't have to be sufficient to block access by chickens/goats whatever. If you have the minimum legal fence, the livestock owner is liable for any crop/garden damage caused by their animals, even though no one in his right mind would believe 3 strands of barbed wire will keep chickens out of the property. The Colorado fence law is an often criticized law that dates back to when most of Colorado was free range. If you didn't want the other ranch's cattle or sheep on your pasture - you had to fence your pasture.

Many municipalities and homeowner associations have additional fencing requirements for owners of animals. The fence law does not prohibit these additional fencing requirements.

I live on 30 unfenced acres and have been visited by my neighbors' goats, cattle, and horses from time to time. It is my responsibility to keep these rascals out of my garden. My neighbors all have fences, and are very responsible about keeping their animals on their property - but things do happen from time to time. When I get my chickens in a few months, I will do the same. I agree that even in rural Colorado, (the last bastion of the old west) - the best way to have good neighbors is to build good fences.

Hope this helps clarify the Colorado law.