Chicken Dispute

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Chicken Dispute
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Hairyloon

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

Posted: Mon Apr 25, 16 2:04 pm Post subject: Chicken Dispute

There is a tale on Facebook about someone who's neighbour allows their chickens free reign, including into the poster's garden which they keep destroying.
Then, it seems that the poster's dog has killed one of the chickens and the poultry keeper is up in arms.
My understanding from general principles of the law, is that it is tough luck on chicken boy: he should keep his birds on his land or face the consequences.

Facebook being Facebook there are various suggestions including shooting the chickens, which I think would be illegal though I couldn't claim to be sure.

Any helpful suggestions or comments?

chez

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

Posted: Mon Apr 25, 16 2:43 pm Post subject:
Common sense dictates he should confine them to his land. Dunno about legally though.

Nick

Joined: 02 Nov 2004
Posts: 34535
Location: Hereford

Posted: Mon Apr 25, 16 3:25 pm Post subject:

Have a look at the Animals Act, 1971. The chicken keeper is generally at fault. Also, they're causing a statutory nuisance.

The same act will probably protect the dog owner UNLESS the dog is specifically kept to stop the chickens trespassing.

https://www.telegraph.co.uk/finance/property/advice/3313002/Property-clinic-poultry-problem.html

https://www.inbrief.co.uk/animal-law/liability-for-animals.htm#

Hairyloon

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

Posted: Mon Apr 25, 16 3:41 pm Post subject:

Nick wrote:

Have a look at the Animals Act, 1971...

That was my first port of call, but I hadn't quite looked hard enough.
[quote="Animals Act 1971 S5](4)A person is not liable under section 3 of this Act if the livestock was killed or injured on land on to which it had strayed and either the dog belonged to the occupier or its presence on the land was authorised by the occupier.[/quote]
Section 3 says that the dog owner is responsible for damage to livestock by the dog so it seems pretty clear and unambiguous to me.

Anyone got a clear answer as to why it would be illegal to shoot the chickens?
I don't think the poster is likely to, and I expect that most of those suggestions are tongue in cheek, but I'd still like to know.

Nick

Joined: 02 Nov 2004
Posts: 34535
Location: Hereford

Posted: Mon Apr 25, 16 3:49 pm Post subject:
Criminal damage to the chicken? Only defence is if he honestly believed shooting them is the sole way of preventing them causing damage. If he thinks like that, he probably shouldn't have a gun legally. Discharge of a firearm within 50m of the queens highway?

Hairyloon

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

Posted: Mon Apr 25, 16 3:54 pm Post subject:

Nick wrote:

Only defence is if he honestly believed shooting them is the sole way of preventing them causing damage.

Since he knows the dog will chase them given half a chance, that defence would fail.

Nick

Joined: 02 Nov 2004
Posts: 34535
Location: Hereford

Posted: Mon Apr 25, 16 3:57 pm Post subject:

Hairyloon wrote:

Nick wrote:

Only defence is if he honestly believed shooting them is the sole way of preventing them causing damage.

Since he knows the dog will chase them given half a chance, that defence would fail.

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

Bebo

Joined: 21 May 2007
Posts: 12590
Location: East Sussex

Posted: Mon Apr 25, 16 3:58 pm Post subject:

Nick wrote:

Discharge of a firearm within 50m of the queens highway?

50ft rather than 50m:

Section 161 of the Highways Act 1980 (England &
Wales) makes it an offence to discharge a firearm within 50
ft of the centre of a highway with vehicular rights without
lawful authority or excuse, if as a result a user of the
highway is injured, interrupted or endangered.

Pretty sure it's only legal to shoot on land you own or have permission to shoot on. The shot needs to fall on land you control or have permission to shoot on as well.

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: 45670
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: 45670
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).

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