Question about Deed restriction - Baton Rouge, LA

[bigstack]

Accoding to your deed ( which over rules your city in this case) NO, you can NOT have chickens! But as was stated, someone would have to complain and file a grievance. Then you may have to get rid of the chickens. As it is ok in the city there would not be a fine, unless it came from a HOA. I personally would never live some place with a HOA! NO ONE is gonig to tell me what I can and cant do on my land! (as long as it's not illegal) and even then......My neighbors know to keep their mouths shut!

Personally: I believe you can do any thing you want ( as long as no one gets hurt), just be prepared to accept the conciquences of your actions! I get so sick at having to listen to people cry over getting caught! If you know it's illegal and you do it and you get caught, 1st you knew better and 2nd SHUT UP and take responsibility!!! I don't agree with alot of laws BUT I know the conciquences if i get caught! and I accept the risk and the result. ( if I ever did anything illegal and I never do)

Good Luck and God Bless!

 

[jaj121159]

There is a debate in the planning and zoning community over new breeds of particular livestock that have been miniaturized such as pigs, horses and chickens whether or not they are pets as opposed to livestock. So far in most communities livestock is livestock, with a few exceptions in a few municipalities. A few years back a lady in Nebraska with quite a few pot belly pigs in her home got cited for an illegal livestock confinement. There are growing concerns about exotic pets and the consequences if they are released to the wild. This has spawned great concern over non-traditional pets. Examples are large cats, snakes and other reptiles, fish like silver carp and even birds like the Eurasian Dove and even non-native parrots and parrakeets. I do think since a chicken is a bird, you would have a better chance to convince people they are a pet if they lived like a traditional pet bird (i.e. kept in the house in a cage or free running) not like a chicken in a coop.

 

[Sonoran Silkies]

In some states the laws favour homeowners over HOAs, and in others they favour HOAs. Unless there is a conflict between the HOA documents and law, the HOA document should be upheld; however, documents are not always well-written. Legally, the CC&Rs are a contract between the Association and the homeowner.

BTW, deed restrictions and HOAs are not usually related. HOAs rely on CC&Rs and Bylaws to determine what is and is not allowed. Deed restrictions are usually used to restrict uses and types of construction by a developer or previous land owner. For example, my parents home has deed restrictions that require homes built in their neighborhood to have masonry (brick) construction, to not have garages that open to the street, and a minimum square footage. There has never been an HOA anywhere near that neighborhood; it was built long before HOAs were common.

 

[Rozzie]

X

 

[Poulets De Cajun]

Irregardless of what one person or another in this thread says, none of them are lawyers, and if they are, chances are they dont practice law in your home state. The fact of the matter is that chickens are still classified as livestock, no matter how many people put diapers on them, and your deed still restricts poultry in general. Should you choose to obtain poultry against your deed restrictions, make sure you understand the consequences and legal ramifications of doing so, before you go out and buy yourself some birds.

Good luck!

 

[Arcane Araucana]

20 years ago NOBODY considered a pot bellied pig a "pet." And now pot bellied pigs are widely recognized as pets and are specifically allowed in many HOA rules, deed restrictions, county and city zoning ordinances, etc. (they are in mine - however "poultry" are not). Backyard chicken raising is facing the same learning curve as pot bellied pigs did. There is a huge difference between chickens raised as "pets" and chickens raised as a commodity for meat/eggs. Exactly the same difference between raising a pot bellied pig versus a sow. I am illegally keeping three pet chickens (two hens and a roo). I accept that I am doing this illegally and will face whatever battle I will have when or if it comes to that. My point is this: my birds were hatched in an incubator, they lived in my guest room for the first 6 weeks of their lives, they are completely enclosed in an "aviary," they sit in my lap to be petted and they come when called about as reliably as a cat. And as far as the roo goes - his crowing is no worse than the garbage trucks, sirens, planes, barking dogs, wild birds, loud music, and yelling children. I'm really sick of roosters getting thrown under the bus just to be allowed to keep a few hens. Its a matter of education and perspective. I did shell out the bucks to consult a zoning attorney so I am aware of my rights and the choice I have made to keep my pets. I would advise you to do the same, and then line up all of your documentation to support your perspective.

Good luck!

 

[Poulets De Cajun]

Quote:
We need about 60 thousand more versions of you around...

 

[Arcane Araucana]

Quote:
That would be a disaster! One of me is capable of ruffling enough feathers!

 

[natrgatr]

Consult a lawyer. In some states, deed restrictions such as yours can't be enforced. They consider that you bought the property and the former owner has no interest in it's use. HOA convenants are a different matter entirely.

 

[PineappleMama]

Sounds like the CITY allows, but your personal property doesn't.

No, None, Ever on animals, poultry, livestock etc.

Only exceptions to the NO ANIMALS EVER is dogs/cats... and then they're ONLY an exception if they are pets, not backyard breeders.

Looks like your HOA restricts you to cats and dogs only, no parakeets, no chickens, no iguanas, no gerbils, no horses, no bunnies, no ferrets, no turtles... ONLY cats and dogs get a pass... and only if they aren't bred.

You can always call and ask, or talk to a lawyer, but that's the way this non-lawyer read it.