Should I tell neighbour to stop it? (diagram included)

[NanuNanuM]

I cannot decide if to tell my neighbour to pack it in.

They constructed a shelter for their - - stinky-- hens this winter (hens been here for years). It's a thin wood frame covered with tarpaulin. Height level with the fence.

When it rains it sags with water. Neighbour goes into hen shelter and tips the rain into my garden.
When it snows (we've had lots of snow showers) it sags so neighbour goes into to shelter and pushes it into out garden.

I have some small shrubs (delicate - think mini trees), right under that fence and they are getting damaged with the weight of the snow suddenly dumped on them. One was in a pot so moved it.

Would I be a mardy cow to tell them to stop it?

Agree with you that damaging the hen house is cruel. It is also illegal. You don't want to end up accused of criminal damage, OP. I wouldn't spend time and money making perspex fences either.

There's a really simple way to solve all of it (damaged plants, smell, rats) that doesn't involve doing anything silly.

Just contact environmental health.

Just ask politely and nicely (but firmly) to stop. If you can bring yourself to be nice about her chicken that might help - how much you love seeing them and hearing their happy noises, you hope “chicken lockdown” isn’t too hard on them but how it’s GREAT for you because you get to see them so clearly. If she’s out to piss you off, she’ll move them. If she isn’t, then she’ll be much more likely to accommodate nice kind neighbour (you).

If it continues then tell her the water / snow is damaging your plants and unless she’s prepared to replace them she needs to find another way to clear the cover.

If they smell in the summer then call Environmental Health then.

Have you actually asked her to stop? Surely start there.

I would speak to environmental health. The keeping of animals can constitute a statutory nuisance if the way they are kept is causing problems for you - you would need to focus on the smell, noise (if relevant), flies and rats.

The water running into your garden might be a private nuisance- I would make sure you take photos when it rains. If she asks what you are doing tell her you are gathering evidence of the damage to your fence and plants.

Bear in mind that you will have no prospect of good relations after that. If you are planning to move in the next 3 years you would have to disclose the dispute but the stinking hens would equally damage your prospects of selling.

We had a similar issue a few years back with a neighbour who put up a really large gazebo, and the roof edge was deliberately placed so the water ran off into our garden rather than theirs.

We approached them, but they refused to move it as they said it would wet their furniture if it ran off in their garden, and as we had grass up to the fence it would not cause any damage. We were there 18 months (renting) and by the time we left it had reduced the area to a bog. Unfortunately when I contacted the council they said there was nothing they could do - I'm not sure if that's changed as it was over 5 years back.

Id buy a fox or encourage them into your garden. The problem will soon resolve itself.....

Are you able to put the tarpaulin back over the fence on your neighbours side ? At least then when it rains or snows it should just empty onto her side of the fence.

I would complain to environmental health. You should be able to enjoy your own garden

@chillied

Have you actually asked her to stop? Surely start there.

How dare you be so bloody reasonably, it's just not on 😄

I wasn't being serious about the scissors. I can't believe someone would want hens so close to their own house. Is it a small garden? Not very considerate of her really. I would feel the need to say something ASAP otherwise it looks like you've been resenting it all along.

When getting quotes for our driveway to be resurfaced I’m fairly sure that it was mentioned that by law water from your property can’t drain onto a neighbour’s. I just did a quick Google and found this page www.environmentlaw.org.uk/rte.asp?id=103

Under “Reponsibilities of property owners” it says
“ the law requires that you:
.....ensure that you do not drain water into your neighbour’s property or foul drain. There is a natural right of drainage that allows water that flows naturally across your land to flow downhill naturally to your neighbour’s land. But you are not allowed to artificially channel water a way that will cause damage your neighbour’s land.”

Maybe this is worth looking into a bit more to see if what your neighbour is doing is actually illegal. I don’t know if the local council could advise on this?

@LagneyandCasey

Fab diagram btw!

especially with the flowers 😀

It sounds a right pain, but she’s had to make emergency adjustments to comply with the law.

Our hens usually have a very large free range area, but because of avian flu we’ve had to keep them in a covered environment, necessarily much smaller, against the fence so we’ve had something to secure the covering on.

This may just be a temporary measure until the avian flu situation has passed?

I hope she’ll be reasonable and have it slope downwards towards her garden, now you’ve mentioned it, but between lockdown and avian flu, some gerry-rigging might be all she can do for a few weeks.

@JosephineBaker no her next door neighbour isn’t reasonable. She’s a CF who doesn’t want her own garden to be water logged but thinks it’s ok to ruin next doors garden.

Anyone who keeps chickens in residential areas with small gardens is unreasonable.

Until you speak directly to her, explain the problem and the damage to your plants/garden and request she stops it yabu.

@NanuNanuM

Undramatic update but I'm mardy cow status is ramping up.

End of last week after a snowfall I could hear scraping. Open my bedroom window to see neighbour in her hen tent using a spade to shift the snow off her hen tent into our garden.

I said very nicely "what arrreeee you doing?"
No response but she scurried off back inside.

Yesterday whilst we were out on a long (local) walk she rearranged the tarpaulin so all the rain drains into our garden (it's really obvious).

It feels so petty. But I'm pissed off now.

Environmental health....

@WeAllHaveWings

Anyone who keeps chickens in residential areas with small gardens is unreasonable.

Until you speak directly to her, explain the problem and the damage to your plants/garden and request she stops it yabu.

I disagree. We’ve had them for 20 years, our neighbours say they like hearing them chat and we share the eggs. When a fox got the flock, we actually got people coming around twitch condolences.

We had one neighbour who hated them, but she also hated children, cats, trampolines, tents in gardens, campfires and BBQs, so we didn’t much care.

A well cared for and clean henhouse doesn’t need to be an issue.

OP, I’m sorry your neighbour is being belligerent.

I used to live next door to chickens and we could never smell them so I think there's definitely something wrong there.
I'd be tempted to wait until she's out then punch a few holes in her tarp but then I'd feel bad for the hens.
Hope your get it fixed.

If you put perspex up at that one bit of fence won't she just move the shelter to another bit?

I disagree. We’ve had them for 20 years, our neighbours say they like hearing them chat and we share the eggs.

You were fortunate you had neighbours that liked "hearing them chat", what would you have done if they didn't, if they found it a nuisance? You would have written them off as being the ones with the problem, like your other ndn.

However you dress it up, chicken attract vermin - mice, rats and foxes. You can minimise it and try to deal with it but never stop it they will always attract vermin. They have no place in built up residential areas.

for the diagram. Ask her to stop nicely then, if she carries on install a slope so the water preferably tips back to her side but definitely away from the plants.

I don't want a huge fall out. We've always got on well. Then in the last few years they've become pretty judgey and argumentative (not been aimed at me previously - maybe it's my turn?).

They are older (active 70yrs) than us and we are on call for odd jobs and they've helped me babysitting (my DH works away). I feed the hens when they are away and the other animals.

I think I am going for an email (so I can say what I want without her shouting at me before I've finished my first sentence) to say something along the lines of - I'm redoing that section of the garden and could they adjust the tarpaulin so water/snow goes into their garden and won't damage the new plants and saplings. Thank you.....

Really puzzled why she didnt build coop at the end of the garden

I think you should buy some guttering, install it at the top of the fence and point the outlets too her side.
Will only cost you about £10.
Why do I childishly want you to buy some stinkbombs and let them off when ever she is in her hen house?

I think next time it looks like she is going to empty the water on your garden you run outside screaming about the water and how you are now drenched. Bob a bucket of water over your head and storm round to drip on her doorstep.

Or even better, when she tips the water your side just retaliate with a drenching from the hose on her side.