Neighbor threatening court over our roo

[roosterhavoc]

If you do have to get rid of your roosters I would immediately buy at least 3-4 Beagles. They are cute friendly dogs and they do not shut up. You win in the end.

 

[MissChick@dee]

If you do have to get rid of your roosters I would immediately buy at least 3-4 Beagles. They are cute friendly dogs and they do not shut up. You win in the end.

 

[roosterhavoc]

I wouldn’t even bother trying to fight the guy.

 

[Melky]

we have a neighbor who is building his retirement home next to ours (he doesn't live here yet, he's here for a couple days maybe every 3-6 months.)
He called this morning and wanted to speak to us.
He told us our rooster is a problem and he needs to go. Threatened us with court and asked if we had a lawyer.
Here's the thing - there are covenants where we live and they do say no poultry (the covenants were in effect in 1979.) There is no HOA, it has been inactive for several months. We have 2 other neighbors who have chickens - one of them has a rooster. There are also several other rules in the covenants that are broken by multiple people.
I got defensive because I think it's ridiculous. I understand not everyone is chicken people, but there are dogs barking all hours of the night and he wants to complain about our rooster?! UGH.
We plan to speak to a lawyer to get some advice, but has anyone else been in this situation?

No because I checked my laws and ordinances first to make sure I’m compliant and applied to keep my hens without any roos. They never leave my yard and are very quiet. My neighbors like to visit and see my girls so does my family. Even if others are breaking the ordinance and it is still in effect whether it is part of an HOA or not, I would just rehome the roo. You could get a signed petition to send to the city or town to update the ordinances to make it more clear and include a roo. You still may not win. If in violation it just may be easier to become compliant to the laws and ordinances. It may not be worth your time to try and change it or the cost of having To get an attorney. You decide but two wrongs or uninforced ordinances do not make it right nor will it provide you protection. I would not do anything unkind to the neighbor to try and run him out. He will either leave or stay and you must decide the same. Good Luck!

This is why it is so important to check local laws and ordinances before you own animals especially chickens to make sure you are compliant with the ordinances otherwise you are at risk to be ordered to clear them from your property entirely and possibly risk fines or other costs depending on the law in your area. Local laws and ordinances can dictate type of structure, type of animal, number of animals etc.

 

[4 Georgia Hens]

No because I checked my laws and ordinances first to make sure I’m compliant and applied to keep my hens without any roos. They never leave my yard and are very quiet. My neighbors like to visit and see my girls so does my family. Even if others are breaking the ordinance and it is still in effect whether it is part of an HOA or not, I would just rehome the roo. You could get a signed petition to send to the city or town to update the ordinances to make it more clear and include a roo. You still may not win. If in violation it just may be easier to become compliant to the laws and ordinances. It may not be worth your time to try and change it or the cost of having To get an attorney. You decide but two wrongs or uninforced ordinances do not make it right nor will it provide you protection. I would not do anything unkind to the neighbor to try and run him out. He will either leave or stay and you must decide the same. Good Luck!

This is why it is so important to check local laws and ordinances before you own animals especially chickens to make sure you are compliant with the ordinances otherwise you are at risk to be ordered to clear them from your property entirely and possibly risk fines or other costs depending on the law in your area. Local laws and ordinances can dictate type of structure, type of animal, number of animals etc.

I completely agree!

 

[123RedBeard]

I think I would see if your other chicken keeping neighbors will join you in the cause, and share the legal expense, then go ahead and hire the lawyer ...

 

[TxFlyGuy]

I am a paralegal in Texas. What I am about to say does not constitute legal advice but an account of what I would do in the same situation:
I would have rolled my eyes and said "well then, Ill see you in court". Usually when people threaten legal action they are bluffing. Even if he is not, if the HOA has been dissolved, I would have a good argument. If he did actually sue, I would write a press release "Big Corporation Sues Resident for having a Chicken". The press would pick that up and villanize him. He would drop the suit.

For those crucifying lawyers, you may be correct but not in all cases. It sounds like the OP got good advice.

 

[KDrake]

I am a paralegal in Texas. What I am about to say does not constitute legal advice but an account of what I would do in the same situation:
I would have rolled my eyes and said "well then, Ill see you in court". Usually when people threaten legal action they are bluffing. Even if he is not, if the HOA has been dissolved, I would have a good argument. If he did actually sue, I would write a press release "Big Corporation Sues Resident for having a Chicken". The press would pick that up and villanize him. He would drop the suit.

For those crucifying lawyers, you may be correct but not in all cases. It sounds like the OP got good advice.

Thank you for your input on this!
I don't know if I updated or not, but we have not yet been sued. He left and went back to where he lives in a different state (thankfully). We did hire a lawyer to go over the covenants, he said it would be very expensive for him to sue us. He gave us our options on how to change the covenants, but we are going to wait and see if the neighbor even does anything. I personally think he was trying to intimidate us. The lawyer also pointed out a covenant that he is violating...I wonder what he would say if I told him that?

 

[TxFlyGuy]

I like the idea of changing the continents. We are looking to do the same thing in our neighborhood. I am not one to like rules but if they are not too restrictive they can be helpful by allowing things!

 

[123RedBeard]

I'd try to get the covenants changed if possible, since he is gone, he won't be around to object

I can also say from experience ... filing a lawsuit takes some money ... not only to pony up for a lawyer, but the court gets their fees up front ... once it's filed ... then it is just how long do the lawyers keep the clock running at $200-$400 per hour ... ??? Somebody best have deep pockets, or be really sure their gonna win, to start the filing process.