Ya I'm new... question! Okay in City but not in subdivision.

[Rafter 7 Paint Horses]

I was told that:

Any and all deed restrictions will supersede HOA rules.


And "at large" is defined individually by each city. My city tried to pass a dog ordinance that defined it as "any animal on or off the premises of the owner or other person in charge of custody of such animal that is not kept confined by chain and stake or within an enclosure or fence of sufficient quality and strength to keep the animal from escaping the owner's or caretaker's premises or not kept under immediate control by a leash or other physical means."
Meaning that if you had your dog outside, on your property, without a secure fenced area, and you were standing there with the dog and it wasn't on a leash or staked out, it was "at large" and animal control or the police had the right to impound your pet and you would be fined.

So, check your paperwork. There should be definitions to the language.

You will have to decide how far you will go to keep chickens. If you choose to fly under the radar, just be aware of what might happen if you get caught. Fresh eggs and veggies sometimes do have calming effects on cranky neighbors.
That said, I hope you can have them and I know you will enjoy them.

Jean

 

[theFox]

Quote:
But once the property is subdivided, if there is no overseeing HOA, don't the new owners of the subdivided properties have the right to do with their property as they please, as long as it's in accordance with the city's codes? Seems to me once you sell a property you no longer have the right to make any decisions about how it's used. I don't understand how the original property owners retain any rights once the property changes hands.

No because the restrictions are actually placed upon the property and run with the property.

In other words the deed which is the actual recorded sales document can only transfer the rights that were sold to the first buyer of a subdivided lot. (One can not sell what one doesn't own.)

It is extremely important that you understand all of the language both in the purchase and sales agreement and what is sitting at the registry of deeds.

If I own all rights to parcel of land, I can independently sell the various rights.

In the cases of a lot of subdivisions of property the seller sells the lots subject to recorded restrictions, so when you buy one of the lots you haven't bought all rights to do whatever you please with the property.

 

[Backyard_Chicken_rancher]

Quote:
But once the property is subdivided, if there is no overseeing HOA, don't the new owners of the subdivided properties have the right to do with their property as they please, as long as it's in accordance with the city's codes? Seems to me once you sell a property you no longer have the right to make any decisions about how it's used. I don't understand how the original property owners retain any rights once the property changes hands.

No because the restrictions are actually placed upon the property and run with the property.

In other words the deed which is the actual recorded sales document can only transfer the rights that were sold to the first buyer of a subdivided lot. (One can not sell what one doesn't own.)

It is extremely important that you understand all of the language both in the purchase and sales agreement and what is sitting at the registry of deeds.

If I own all rights to parcel of land, I can independently sell the various rights.

In the cases of a lot of subdivisions of property the seller sells the lots subject to recorded restrictions, so when you by one of the lots you haven't bought all rights to do whatever you please with the property.

I'm sorry to say but this is some what wrong, take for example here in Texas you may buy the land and have full say as to what goes on with the land but I as the land seller own the rights now with that being said I can come in and dig up the land if I so choose to and you have no say for I own the rights to said land.

Now if I'm reading this right the buyer has bought the land yet the owner has say oer what is taking place on said land if this is the case I feel you need to read your deed closer and understand that the seller of the land my have the property rights to said land if that is the case then the buyer has no say in the matter.


Good Luck to you.

 

[Backyard_Chicken_rancher]

Quote:
It states AT LARGE which to me say's they can not free range but must be in a tractor be safe about it ask the city to explain in simple terms what this if any law means in detail this way if she does call the city you will be well within your rights as long as you know what the right's are and follow them to the letter.

As for the nosey woman I would talk to her about getting chickens (of course after you have called the city) and be willing to get her opion on them who knows maybe she wouldn't mind if you shared the eggs with her tell her about bounes of owning chickens that they will keep the bugs down and the fresh eggs and how a roo is the only one that squaks in the AM tell her how the hens only coo.
Be willing to show her the lil fuzzy butts and allow her to see how cute they are.
Who know maybe she will back off of you and not be so nosey.

 

[theFox]

Backyard_Chicken_rancher,

You can indeed buy "land" in Texas or any other state for that matter and not actually have bought all of the rights to that land.

That is why you need to actually read and understand exactly what you are buying.

There are all kinds of folks that find out the hard way that they do not have the right to do whatever they thought they could do (heaven knows a lot of them show up here wondering what end is up).

They never did read the documents and understand what they were buying.

 

[Backyard_Chicken_rancher]

Quote:
This i svery true Fox I learned the hard way when me and the DW bought our first house we made sure on this one that it was a) in the country and b) had all the rights to it so now we can any thing we choose to have here and now no one can tell us what we can and can not raise (of course we check with the city before buying anything to raise here)
I am sorry I must have misread. I do that from time to time.

 

[Sonoran Silkies]

Quote:
For example, when my parents sold their ranch (in Texas), they retained the mineral rights. This means that if oil or gas or any other commercially valuable commodity is EVER found on that land that they own it; the land owners will not have any percentage of the proceeds, not would they be able to prevent the mining of the land to extract the commodity. The deed restrictions I previously mentioned on my parents' home; it is in Texas.

 

[Hunny]

I understand that alot of ppl probably come running to this forum when things dont go as planned.
(But thats why this site rocks!) Hopefully you dont look down on me for deciding to go ahead and get the chicks.

I talked to our Realtor, she said she has seen other families in this neighborhood have chickens. She believes they just keep it quiet and to themselves and dont run into any issues. There is currently no HOA or group t hat monitors the CC&R's for this area. She believes if someone did have an issue, the city would probably just shrug their shoulders if it wasnt something criminal or against the city ord. (Also sorry for typing CCnR's thats just how I've always said it )

We are going to give it a go, (obviously) and I'm hoping I dont have to update this post later this year.

 

[Sonoran Silkies]

Quote:
Yes, a city can specifically define a term; however they rarely define commonly acknowledged terms in a manner different than the common definition.

http://definitions.uslegal.com/a/animal-at-large/ :
"Animal At Large Law & Legal Definition

An animal at large refers to a domestic animal which is free, unrestrained or not under control.

Example of a State statute defining ‘animal at large’:

A Utah City code defines ‘animal at large’ as follows:

Vernal Municipal Code, Title 6 Section 6.04.040 - Animal at large.


http://dictionary.law.com/Default.aspx?selected=1876 :
"Animal at large" means any domesticated animal, whether or not licensed, not under restraint as defined in Section 6.04.090 and excluding those animals in the performance of their duties as defined in Section 6.04.265. (CC § 08-10-003 (6))
"

http://dictionary.law.com/Default.aspx?selected=1876 :
"running at large
adj. 1) referring to cattle or other animals which have escaped from an enclosure and are wandering. The owner will be liable for damage caused by such animals. "



http://www.nolo.com/dictionary/running-at-large-term.html :
"running at large
1) A reference to an animal that is roaming free, such as cattle that have escaped an enclosure or a dog that has slipped its leash. The owner of an animal running at large is generally liable for any damage it causes."

 

[PineappleMama]

If that's the only tidbit on them then it seems it's okay to have them, but NOT to freerange.

Just like a dog. You can have one, but you can't let him dig in other people's garbage.

But, it probably wouldn't hurt to call Animal Services and ask. That's what I did, just as a backup.