Killing time on a webcast at work and was curious about deed restriction language as it pertains to allowance/disallowance of chickens.

Background:
1-to-1.25 acre homesites, subject to county regs no city limit/ETJ issues, no HOA, only some limited deed restrictions, with excerpt related to animals below.

My interpretation (not a lawyer, not looking for legal advice) the heading of the deed restrictions filing says - "uses specifically prohibited". So unless its specifically stated then it's not subject to restriction. Dogs, cats, other pets allowed. Sheep, goats, pigs not allowed. I assume that all other animals are allowable as long as they do not conflict with county regs or "use and enjoyment of other property owners"?

Anyone interpret that differently? Can it be implied that chickens are not allowed because they are not a household pet?


"Uses Specifically Prohibited.

(a) Dogs, cats, and other domestic household pets may be kept and maintained by any Property
Owner as long as they are properly leashed or corralled, are not kept or bred for commercial
purposes. No sheep, goats or swine shall be allowed. No animals shall be maintained in any
manner which interferes with the use and enjoyment of other Property Owners."

Are you sure there is no HOA or other governing property owners association?
Who is the declarant of the deed restrictions? The deed restrictions are applicable to your lot. In a HOA community the HOA has the authority to oversee and enforce the deed restrictions on each property within the community.
If there is no HOA, then the question is "who is going to enforce this (or any) restriction on your property?" Your neighbor can't. The County can't/won't. Go through your closing docs and find out who the declarant of the DRs is.

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If there is no HOA, then the question is "who is going to enforce this (or any) restriction on your property?" Your neighbor can't.

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Why not?

Good question.

Martin Q. Blank said:

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If there is no HOA, then the question is "who is going to enforce this (or any) restriction on your property?" Your neighbor can't.

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Why not?

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B/c there is no HOA. Unless the neighbor is the declarant of the deed restrictions what authority do they have? I could be wrong, of course. I just don't see what mechanism they have that allows them the ability to enforce the restrictions on someone else's property.

The mechanism would be a lawsuit. The city of Houston, for example, has an entire deed restriction department in the city attorney's office. No HOA required.

definitely no HOA. additional language from the instrument:

"Declarant" shall mean and refer to Lackland Creekview Development, LLC and its heirs or assigns."

"Enforcement. Enforcement of these Covenants and restrictions shall be by a proceeding initiated by any Owner against any person or persons violating or attempting to violate any Covenant or Restriction contained herein, either to restrain or enjoin such violation or to recover damages for the violation, or both, or to enforce any lien created by this instrument. Failure by any party to enforce any Covenant or Restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter."

"Owner" shall mean and refer to each and every person or business entity who is a record owner of a
fee or undivided fee interest in any Lot subject to these Covenants and Restrictions; provided, however,
"Owner" shall not include person(s) or entity (ies) who hold a bona fide lien or interest in a Lot as
security for the performance of an obligation.

i was more curious about the language allowing/disallowing chickens rather than enforcement. but if all the neighbors didn't care seems like its a moot point. These restrictions were through 2030 and can be removed with 75% vote in 2030. I've seen so many instruments with 30-50 year restrictions it was a nice change.

Martin Q. Blank said:

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The mechanism would be a lawsuit. The city of Houston, for example, has an entire deed restriction department in the city attorney's office. No HOA required.

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Ah, that makes sense. So does OP's additional info. Back to the original language, it seems pretty clear to me that since chickens aren't specifically referenced then they should be allowed. The only part I'd be mindful of is the last sentence:

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No animals shall be maintained in any manner which interferes with the use and enjoyment of other Property Owners."

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No sheep or goats, but evidently you can have cattle or buffalo.

From what you shared, seems like you're good. I'd probably just have a quick chat with your close neighbors and give them a heads up, let them know they have some free eggs headed their way. As long as you don't have roosters chickens are much more quiet than dogs.

These restrictions are to keep people from causing smell nuisances. Like above said, give your neighbors some free eggs and let them know and don't broadcast to anyone else you have them and you'll be good!

bkag9824 said:

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Not a lawyer. Not your lawyer.

The "all other animals allowed" statement gives me impression chickens are ok since not the specifically named sheep, goats, or pigs.

That is until your lovely next door Karen decides to complain about your chickens at which time it's a judgement call as to whether or not they're interfering with her enjoyment.

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You don't have to tell someone that you're not a lawyer and not their lawyer before you post what you think some language means.

the most cool guy said:

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bkag9824 said:

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Not a lawyer. Not your lawyer.

The "all other animals allowed" statement gives me impression chickens are ok since not the specifically named sheep, goats, or pigs.

That is until your lovely next door Karen decides to complain about your chickens at which time it's a judgement call as to whether or not they're interfering with her enjoyment.

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You don't have to tell someone that you're not a lawyer and not their lawyer before you post what you think some language means.

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Cool. Thanks, guy.

Our deed restrictions say "common yard pets" I argued that if horses and donkeys are "yard pets" then any barn yard animal is acceptable besides things specifically listed as prohibited.