• Chickens

    By Guest on 15th Apr 2020

    Hello. We purchased a freehold house 4 years ago with a restrictive covenant preventing us from keeping poultry or livestock. We would like to have 3 pet chickens in our garden. Is it possible that this covenant could be lifted for a reasonable charge or likely to be impossible. Thank you.

  • 1 Answers

    By NotaryExpress on 16/04/2020

    There are several ways to proceed:

    Option 1 - Don't have chickens

    Option 2 - Have chickens and just hope no one ever complains or tries to enforce the covenant

    Option 3 - Have chickens and take out a Restrictive Covenant indemnity policy (insurance usually costs about £300 and is a one-off payment for life, i.e. it's not an annual cost). Note that indemnity insurance is only available if you have not attempted Options 4 & 5 below, and usually it has to be put in place after the breach (i.e. you can't purchase it before you have the chickens at the property)

    Option 4 - Find out who has the benefit of the covenant and ask if they are willing to release it. They may require a payment to release it. They would likely require you to cover their legal fees.

    Option 5 - Apply to the Lands Tribunal to have it discharged. The Lands Tribunal will write to all neighbouring properties and invite interested parties to make submissions. There is no guarantee they will remove the covenant. This option can take a long time (often a year or so) and the cost is significant (likely thousands of pounds).

    www.notaryexpress.co.uk

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