elly, and attract vermin like rats.
If you have had bad experiences with chickens, you’re probably wondering whether you can prevent your neighbour from keeping chickens.
Whether or not you can prevent your neighbour from having chickens ultimately will depend on your local laws governing chickens.
What to Expect? All municipalities have laws that include a variety of prohibitions. Therefore, it will be important for you to learn the regulations in your area before you may be able to take legal action.
Backyard Chicken Laws In The US
The ability to keep chickens in the U.S. is governed by the varying zoning ordinances of the different cities, along with laws and by-laws.
These zoning ordinances will define if it is allowed to keep chickens, how many chickens and if there are roosters allowed or not.
For example – in New York one can have as many hens as one wishes. One cannot however have a rooster, nor can one have any other type of poultry including ducks, or geese or turkeys.
Most states have laws against roosters for their crowing sound.
You may also want to consider:
- your homeowners association rules
- lease restrictions on a rented property
- or the building codes of the local planning offices
If your neighbor is violating any of these rules, you will want to cite any of these.
Poultry Keeping Regulations in the UK
The Department for the Environment, Food and Rural Affairs (DEFRA) states that you can keep chickens in your back garden anywhere in the UK.
If you have more than 50 birds, you must register yourself and give information, such as where you live, and what species of birds you have.
If you have less than 50, you are not legally required to register, but it is still a good idea to register yourself.
Remember – apart from national law, your Council may also have by-law restrictions. Just because DEFRA is permitting you to keep birds, does not mean you can keep birds, according to the local by-laws.
In some cases, housing authorities may also agree with the council by-law in not allowing their tenants to keep chickens.
Finally, even possibly, you may have a covenant on your house deed that may not allow livestock (including chickens) on your property.
So living in the UK, first check the by-law, covenant, or house deed of your neighbor that you suspect to keep the chickens. After that, you can try to block your neighbor’s ability to keep chickens by other means.
Keeping Chickens in Australia
In Australia, chicken keeping is regulated under the Department of Agriculture, Water and the Environment.
In general, you won’t find any restrictions preventing people from keeping chickens the way they want.
That being said: Local councils may have their own by-laws in regards to keeping chickens. Therefore, it’s a good idea to check your local regulations.
Steps To Stop Neighbours Keeping Chickens
If you are determined to stop your neighbour from keeping chicken, here is what you can do.
Check the laws in your area
The rules and regulations for your area help you determine if your neighbour can keep chickens.
Review all the rules – not just the ones at the national level, but rules may govern your lease agreement.
Double-check if the conditions in which the chickens are kept also meet these rules.
Including the location of the chicken coop in respect to your own property.
Additionally – you may look into local planning offices for land use regulations and save yourself confusion.
Consider the local nuisance ordinance
If your neighbor has obeyed all of your town’s chicken keeping laws, you can consider a nuisance complaint as well.
Nuisance laws may cover things like the noise your neighbor’s chickens make and the smells from your neighbor’s chickens.
According to the laws, your neighbor may be permitted to fix the problems you outlined, before they are required to get rid of the chickens.
Discuss with your neighbour
Before considering involving the authorities, it is worth having a friendly conversation with your neighbour. They may not know that their chickens cause a nuisance for you, or they may not even know the area’s chicken-keeping laws.
This will help you figure out whether you need to involve authorities or not. If they are open to your critique, you can help them come up with ways to possibly get rid of the problem.
They may not be willing to agree to re-home the chickens, but they could implement solutions to help with the smell, noise, or pests.
It might be worthwhile to talk with your neighbourhood association to help you alleviate the discomfort you are feeling with your backyard chickens.
Talking it out with your neighbours allows you to gauge other people’s opinions and consider possible solutions to stop the menace.
Mediation may be an option if you have exhausted all options of resolving the chicken keeper’s inconveniences to you.
Heads up! You may not want to go to court against your neighbour it can make living next to them quite uncomfortable. Mediation is less confrontational; it uses a neutral party to assist you in resolving some conflict between neighbours.
How Do I File A Complaint Against My Neighbour?
If the cordial method is unsuccessful, you can file a complaint.
Contact your local code enforcement division to get a sense of the process.
You might be able to file your complaint online, by phone, by mail, or in person.
You will need to provide information. You will need your name, contact information, your neighbor’s address, and details about the violation.
Can I File An Anonymous Complaint?
This will depend on what your municipality will allow.
If they allow you to remain anonymous, be sure to ask for it.
That said, remaining anonymous may weaken your case against your neighbour, especially if you are the sole witness.
The investigator may not have a case if you do not give a statement.
What Happens After I File My Complaint?
Once you submit your complaint, an investigation will commence.
The code enforcement agency coordinates an investigator, who visits your area to establish if a violation exists:
- Basically, the investigator is going to check out the coop your neighbour keeps chickens in, and ask them questions about owning chickens.
- Then they will interview you and the encroaching neighbours also. The purpose of the interview process is to ascertain if there is any legitimate concern.
Termination of your complaint will happen if no violation is found by the investigator.
Assuming there is a violation, a letter will be sent to your neighbour, notifying them of the code enforcement department’s findings, and will give them a “reasonable time frame” (determined by the department) to correct the violation.
After the “reasonable time frame” is finshed, if your neighbour has not complied with code enforcement’s directives, they could be fined or taken to court.
Can I Sue My Neighbour?
Yes, if both your complaint were rejected and every option was exhausted, you can bring your neighbour to court.
However, this should be considered your last option as it poisons the relationship between the two parties.
You might also end up spending lots of time and money in the process.
You should reflect upon whether the annoyance being caused by your neighbour’s chickens is worth the trouble.
What We Recommend: If you choose to pursue this option you can file a private nuisance claim. I would recommend speaking with an attorney before filling your lawsuit in order to determine whether there exists grounds to sue your neighbour.
Alternative Solutions to the Chicken Problem
If you are unable to rid your neighbor of his chickens, you may be forced into alternative solutions.
Keep the chickens away from your yard
If your neighbour’s chickens have been coming to your yard, you can keep them away by:
- Acquire a dog. Even a barking dog – regardless of their size – will be enough to dissuade chickens from entering your yard. If you have a dog, instruct it that the chickens are not welcome in the yard.
- Construct a fence. Be sure the fence is tall enough to prevent chickens from entering your yard. Netting or chicken wire will also suffice.
- Place motion-activated devices. A motion-activated sprinkler will deter chickens from entering your yard because chickens hate getting wet. Each time the chickens try to enter your yard, the sprinkler should disperse water and prevent them. You can also use motion-activated lights or a noise machine.
- Put down spices. Chickens dislike being around black and cayenne pepper. If you square both spices around your yard every few days, the chickens should stay away. You can also plant some herbs such as mint and chives.
Move to a new place
If you are currently living in a rental property, you may want to consider relocating.
Moving can definitely be a hassle, but you will get your peace back.
Before you move: It’s best to ask your realtor about chicken’s keeping ordinances in and around the property. It might be better to settle in an area that does not allow chickens.
Can I Shoot My Neighbour’s Chickens?
No, you cannot definitely shoot the chickens even if they are your neighbour’s chickens on your property.
Not only is this illegal, but it will likely create more conflicts with your neighbour. Instead, it is advised to try the deterrent methods discussed above.
Wrapping Up
Depending on your situation, it may or may not be possible to stop neighbors from keeping chickens.
Make sure to check the laws that are applicable to you and what areas govern chicken keeping.
Once you find that out, you can decide what to do or evaluate options.
It is preferable to attempt to resolve the situation by peaceful means prior to reaching out to authorities.
Attempting peaceful resolutions will keep your relationship with your neighbor cordial.
If all else fails, you can explore other options to keep the chickens away or move.