Chicken Dispute

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Chicken Dispute
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Nick

Joined: 02 Nov 2004
Posts: 34535
Location: Hereford

Posted: Mon Apr 25, 16 4:01 pm Post subject:
Thanks for correcting. I was working from memory.

tahir

Joined: 28 Oct 2004
Posts: 45665
Location: Essex

Posted: Mon Apr 25, 16 4:53 pm Post subject:

Nick wrote:

That alone suggests there's no reason to shoot the chickens.

What about cats, can you shoot them?

Nick

Joined: 02 Nov 2004
Posts: 34535
Location: Hereford

Posted: Mon Apr 25, 16 4:58 pm Post subject:

[quote="tahir:1461298"]

Nick wrote:

That alone suggests there's no reason to shoot the chickens.

What about cats, can you shoot them?[/quote
You can't. You couldn't hit a barn door.

Slim

Joined: 05 Mar 2006
Posts: 6612
Location: New England (In the US of A)

Posted: Mon Apr 25, 16 5:02 pm Post subject:

While I'm not trying to take responsibility from the chicken owner, at some point there must be some expectation that a garden be fenced to exclude animals, yes?

I can't seek damages from the state if deer destroy my garden.

What if we go towards the middle, and have a semi-wild animal that a neighbor enjoys and cultivates habitat that is favorable towards, but the other neighbor considers a pest?

Edit to include an example.
What if I love mourning doves, and scatter seed for them on the side of my property that hypothetically borders a neighbors car. Can they try to make me pay for their car washes?

tahir

Joined: 28 Oct 2004
Posts: 45665
Location: Essex

Posted: Mon Apr 25, 16 5:04 pm Post subject:

Nick wrote:

You couldn't hit a barn door.

I can, I still have the scars from the last time I hit it.

Nick

Joined: 02 Nov 2004
Posts: 34535
Location: Hereford

Posted: Mon Apr 25, 16 5:28 pm Post subject:

Slim wrote:

Actually no. If you have animals the responsibility is yours to keep them in. It's not mine to keep them out. Cats are a notable exception. The law applies to kept animals, so a wild deer is hard luck.

If your doves shit on my car, yes I can claim against you. I can also seize them until you pay up. If they're wild doves, I suspect I'd have a claim as you'd be causing a nuisance.

Hairyloon

Joined: 20 Nov 2008
Posts: 15425
Location: Today I are mostly being in Yorkshire.

Posted: Mon Apr 25, 16 5:40 pm Post subject:

Nick wrote:

If your doves shit on my car, yes I can claim against you. I can also seize them until you pay up...

Only if you inform the police within 48hrs (if I've understood it correctly).

Slim

Joined: 05 Mar 2006
Posts: 6612
Location: New England (In the US of A)

Posted: Mon Apr 25, 16 8:58 pm Post subject:
What if I just like to feed wild doves? Suddenly I'm not allowed to put out birdseed?

Nick

Joined: 02 Nov 2004
Posts: 34535
Location: Hereford

Posted: Mon Apr 25, 16 9:14 pm Post subject:

Slim wrote:

What if I just like to feed wild doves? Suddenly I'm not allowed to put out birdseed?

It's possible you'd be causing a nuisance. How often? How many? Is the pavement and area knee deep in shit? Is it causing a noise very early in the morning or being a health hazard? Are they getting in the way of traffic, or scaring the tiny kids playing in the next garden?

You don't particularly have to like it, but yes, you could be in the wrong. It's all about levels, in reality.

Slim

Joined: 05 Mar 2006
Posts: 6612
Location: New England (In the US of A)

Posted: Mon Apr 25, 16 9:26 pm Post subject:

I don't actually like doves at all. I never thought I was in the right with my hypothetical (definitely thought the hypothetical me was being a jerk).

I was just curious where some of these lines exist. At what point are they your animals that you're responsible for, basically.

(I fully agree the owner of the chickens is responsible for keeping them off the gardener's property, and after a few neighborly warnings should have no recourse if the chickens end up in the gardener's stew pot)

dpack

Joined: 02 Jul 2005
Posts: 46188
Location: yes

Posted: Mon Apr 25, 16 9:31 pm Post subject:
there have been asbo's and prosecutions for feeding birds for example i wonder what the authorities would make of my plan to entice some of these over from norway with some spare dogfood?

Hairyloon

Joined: 20 Nov 2008
Posts: 15425
Location: Today I are mostly being in Yorkshire.

Posted: Mon Apr 25, 16 9:47 pm Post subject:

Slim wrote:

I was just curious where some of these lines exist. At what point are they your animals that you're responsible for, basically...

English law makes much use of the word "reasonable", as interpreted by the man on the number seven bus.

chez

Joined: 13 Aug 2006
Posts: 35935
Location: The Hive of the Uberbee, Quantock Hills, Somerset

Posted: Tue Apr 26, 16 5:45 am Post subject:
The chap could get a pig for his garden. The trespassing chickens would disappear without trace.

dpack

Joined: 02 Jul 2005
Posts: 46188
Location: yes

Posted: Tue Apr 26, 16 8:29 am Post subject:

or the pig would be forced into working for them as a rat nest and worm excavator

back in the range war the obvious solution is that the chook keeper buys a good chicken run with high sides and a roof.

an alternative is "compensation"in the form of eggs ,even large holes in the lawn and spooked horses can be smoothed over with a few kilos of oak smoked bacon

imho most similar disputes are far more about the people 's behaviour than that of the "offending"critters.the brits can end up killing each other about a simple bit of hedge pruning

wellington womble

Joined: 08 Nov 2004
Posts: 15051
Location: East Midlands

Posted: Tue Apr 26, 16 8:50 am Post subject:

We had this problem. A neighbour has allowed her fence to fall down, and has previously complained vociferously about chickens (not mine) trespassing in her garden. I covered the gap with chicken wire and left her to stew. She has no privacy and it's butt ugly, but she declined to be responsible for it, so I got to make the choices. I am obliged to keep my stock in. Not to put up pretty, expensive fences for her garden.

I don't know whether I could have left it, as it is her fence, but we were just going away on holiday, so I wanted a quick fix with no arguments.

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