neighborhood covenant says no poultry

We have a deed restriction but there is no HOA and the county refuses to enforce deed restrictions. They said the only way to enforce one is for the neighbor to sue the neighbor. Most people aren't willing to go that far unless you're really pushing the limits...
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Horses are viewed more as a pet type animal then other livestock. They are allowed in residential areas with some land size requirements. Where I am you are also allowed 4 dogs, 9 cats with no requirements but chickens have restrictions. AAMOF, they just recently upped it so you can't(aren't suppose to) have them unless you have 40,000 sq ft of property, it use to be you could have 1 hen per 1250 sq ft. I do have pet hens but no coop showing in the yard so it isn't obvious they are here. My one hen is rather loud so she is not allowed out as much as the quieter one. When I got her, I was under the impression she was a "quiet breed" she is a Salmon Faverolle. You may want to keep that in mind even with hens. She was getting very loud in the morning so I put her in the bathroom at night to keep her quiet longer.
 
Hey Chickenchok,

I'm in exactly same situation in Wake County (no in city limits). I'm just starting to look for info about keeping some hens. If you get any info, would you share?

My hubby says the by-laws for our HOA says "no livestock" including chickens, but I wonder if I could make the case to have the by-laws changed if there are no roosters. We have 6 feet fence all around a .80 acre lot.

BTW, did you know chickens eat Japanese Beetles?

TechieChick
 
TechieChick,
I also live in SE Wake County outside city limits (what part are you?) My covenants say no animals or poultry, except household pets. Most everyone on my end of the street knows I have chickens, but no one cares. I believe that as long as no one can see them, smell them, or hear them - they don't care.

I have 1 acre with trees bordering 3 sides of the backyard. Only one neighbor can see them when they free range, and I did consult with them before I got them. The coop is in the shade under some trees. I even had a HOA board meeting here and no one noticed it out back. Pretty nervy, huh?

I'm am so smitten with them, that I would go door to door to get the covenants overturned if someone caused me trouble. We are not a big HOA and don't enforce much of anything, so I even volunteered to be President. I figured if anyone complained, they have to complain to me. Plus if someone wanted to cause me trouble, I'd have some respect on my side. No one else would take the unpaid job so I'm practically a hero.
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So, with a 6 foot fence and nearly an acre, I don't think you would have a problem. Getting the blessing from each of your bordering neighbors would be icing on the cake. The gentle sounds of hens aren't loud, and my one that has cackled doesn't distinctly sound "chicken" from a distance.

Good luck!
 
We have a HOA and our covenants say the same thing, but I spoke with a lawyer friend of mine who said that in times of duress (such as now with th eeconomy as bad as it is), these "laws" can be easily overturned if you are taken to court. In fact, he said that most of the time, HOA/covenant laws are not upheld in courts of law - at least around here. They are just suggestions, as someone else mentioned here, and are meant to keep the peace with your neighbors. So, I would think that as long as your neighbors were ok with it, then you will be ok. BTW, if your neighbor complains and they had to walk onto your property to see your chooks, then they are trespassing and you can sue them!
 
Our subdivision blah-blah-no-no list also says no poultry, but it doesn't say no pets.
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We're had chickens here for over four years, make sure they don't disturb the neighbors (no rooster) and fresh eggs keeps everyone friendly!
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These "No Animals" laws/rules are insane!! I live near a subdivision called Wilmot FARMS and they can barely keep a dog, let alone chickens! Not to mention they can't even hang clothes out on the line!! Why name it something with the word 'farm' in it, if there isn't a farm or farm animal in sight!! I would get the chickens, if someone complains, oh well, who are they going to report to? These laws are unbelievabley dumb, if you make a law, try to enforce it(although, in this situation, I'm glad they don't!)
 
We are in SE Wake also and have never had a problem from the neighbors. We talk with some of the neighbors and have had no complaints. We even have one who is about to build her coop and start a flock next spring!!! Sounds like there are quite a few of us Wake Co. BYCers!!!!!!!!!
 

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