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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 13626
Experience:  I have been practising for 30 years.
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I have 2 issues. The first is how to stop a neighbours

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I have 2 issues. The first is how to stop a neighbours chickens crossing the road and coming onto my property, causing damage to the lawn that I am trying to grow.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no - I have told them twice and discussed with the council , who say they can do nothing
JA: Where is the property located?
Customer: i have also noted in my diary when I spoke to them and what was said as well as taking photos of the chickens in the street/on my land. The property is in Lincolnshire
JA: Anything else you want the lawyer to know before I connect you?
Customer: the neighbours are not pleasant people and they could affect access to my property
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Thank you!
Nicola

Good morning. I will assist with your question - be aware this is an email not chat service therefore maybe delayed in replying.

why are they allowed to free range across roads and into street?

how long has this been going on?

what is the damage they cause?

Customer: replied 3 months ago.
I don't know why
I suspect since they started living there over 20 years ago
The chickens scratch and forage. This means that they kick muck and debris everywhere and dig up planting and seeds - like the lawn I am trying to grow. I have replanted 3 times now.

This is common law nuisance and the neighbour is under a duty to keep animals under control. Ironically, it doesn’t apply to cats.

However you cannot beat the neighbour with a stick until they fenced the chickens in and if they will not respond to written requests to do so, then you have no alternative but to make an application to court for an injunction to compel them to fence them in.

That really is all there is to it except to say that you would also be entitled to claim the cost of putting right any damage caused by the chickens.

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

F E Smith, Advocate
Category: Law
Satisfied Customers: 13626
Experience: I have been practising for 30 years.
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