What do you think of my deed restrictions?

Discussion in 'Local Chicken Laws & Ordinances' started by atobols, Aug 18, 2008.

  1. atobols

    atobols Out Of The Brooder

    Aug 12, 2008
    We live out in the country and we own a little over 8 acres. We have no neighbors on one side or in the back. We positioned our house so that the house sits at an angle. The back of the house faces the corner with no neighbors and the front of the house faces the other homes. All of our neighbors are at least 800 or 900 feet away from our house.

    The deed restrictions state: With the exception of 4-H projects, no swine or poultry shall be permitted on any lot. Large domestic farm animals are permitted, but shall be limited to one her 1.5 acres of fenced pasture.

    DH thinks we should check with the neighbors and ask if they have a problem with us keeping about 5 laying hens. Do you think we should even discuss it with them or just wait until someone has a problem with it (if they even notice)?

    Would it be within my deed restrictions if I bought chickens from the 4-H kids at the county fair? [​IMG]
  2. ILoveMyHens

    ILoveMyHens Out Of The Brooder

    Aug 11, 2008
    Northern Arizona
    Do you have a fence? Could your neighbors see your chickens? I am going to assume you don't want a rooster. In general, I suspect that most neighbors won't care what you do in your backyard if they can't see, hear or smell your chickens.
    I have four laying hens and they make minimal noise and do not smell. They are in my backyard and not visible unless you were to enter my yard. My neighbors don't care. I suspect your neighbors would be the same way. Of course, I don't have deed restrictions, so if my neighbors cared, all they could do would be to complain.
    In so many words, if you have a fence, I'd go for it. I wouldn't ask your neighbors; if they find out by accident and aren't inconvenienced, I doubt they would report you.
  3. mistylady

    mistylady Chillin' With My Peeps

    Jun 1, 2008
    Ohio near Coshocton
    With 800 or 900 feet between you and the neighbors I don't know how they would hear your hens. I would just put up a nice fence that isn't easy to see through. [​IMG] Besides ... they aren't poultry .... they're feathered people! Just have the neighbors ask us if you need to! [​IMG]
  4. atobols

    atobols Out Of The Brooder

    Aug 12, 2008
    No, we don't have a fence. We live on the top of a hill, so I could easily put the chickens on the backside of the hill. They would have to walk onto my property in order to see anything down there.

    They also don't have anyone to report me to. A real estate company bought a farm and partitioned it off into 8 lots ranging from 8 to 5 acres each. It specifically says at the bottom of the deed restrictions sheet that the company is not responsible for enforcing the deed restrictions.
  5. chicken_angler

    chicken_angler Coop Constructist

    Jun 23, 2008
    a house
    Do you have kids or nieces and nephews? If so, when anyone asks say they are your kids 4-h project. That will convince them enough that they wont care if you have chickens. Also once they start laying you could take some of the fresh eggs to them! Yummm! Chickenman10
  6. scooter147

    scooter147 Chillin' With My Peeps

    Jul 30, 2008
    Just call them your 4 H project, there is no time limit on a 4 H projet that I know of.

    Sounds to me like there is no sheriff to enforce the deed restriction. So to me 5 hens seem to be in your future.

    Do you have a Homeowners Association? (due you pay a monthly fee for maintenance of common ground, covenents and restrictions?)

    I find it funny that you can have one large farm animal per 1.5 acres of land but a few hens are not permitted. One horse will produce more smell and manure than 5 hens would ever think of producing.
  7. Jamie

    Jamie Out Of The Brooder

    Aug 17, 2008
    Southern Maine
    That is a funny deed, cows but no chickens [​IMG]

    I've heard many stories of suburbanites talking to neighbors about all the great things about chickens, and dispelling any myths they've had, and raising chickens in the community with no problems. I personally wouldn't avoid them, just politely and firmly let them know what's up.

    I don't see how any rational person would stop you from a few chickens. That deed was definitely to just stop you from erecting a warehouse sized chicken farm... stinky.

    And then, if you did have a problem with one of them, you could just let them know that if the chicken coop plans fall through, the back up plan was a cow with a little pasture right next to their house! [​IMG] just say it politely without the devilish grin.
  8. redkan

    redkan Chillin' With My Peeps

    May 15, 2008
    Central Maine
    Quote:I think you should propose to one of those 4H kids that they do research on the life expectancy of chickens raised on a true farm vs. chickens raised on your place. Research is not complete until you've raised a sufficient number of chickens for a statistically correct sample size.... that should keep you for at least 10 or 15 or 20 years ........ [​IMG]
  9. atobols

    atobols Out Of The Brooder

    Aug 12, 2008
    Quote:Homeowners Association [​IMG]

    No, there is definitely no homeowners association. We don't even need building permits out here. We live 20 miles from the nearest town. I never even thought to check the deed restrictions until DH said something because we live in the Amish farmland of Ohio.
  10. modenacart

    modenacart Chillin' With My Peeps

    Jan 21, 2008
    New Bern, NC
    Just to know, HOA rules are considered law, but your neighbor would have to sue you and if they did, they would win. You could get them changed if you read the HOA rules to determine how. We had to get more than 50% of the people in our phase to vote yes to change rules, which we did to get a fence rule changed. I think the best thing is to be friends with your neighbors. Its hard to tell on people when they like you.

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