Should I break covenant?

[TeddyTilly]

We have seen house that is absolutely perfect that we would like to move to. On the covenant, it says that no cats are allowed due to nesting birds.

But we have two cats...

I love animals and would never want to harm any wildlife. The thought of endangering or hurting any birds horrifies me.

But our cats are a real source of comfort for two of my three children who are autistic.

My parents have said they will take the cats when we move and then keep them when the children forget about them (!) but I think we would need to have them back.

Would it be mad to bring the cats with us and keep them as house cats? They don't usually go far and I keep them in at night.

My worry is that if we did that we would get into some sort of trouble with neighbours/council, and as the cats are only a year old, we would be having to keep them 'secret' for a long long time.

But the house is in an area where they aren't many properties coming up...

Has anyone had a similar experience?

how old is the covenant op? Ie when was it put in and how old is the house, often these are irrelevant and very dated.

Who put the covenant in place? Is it a modern house? Many modern developments have various covenants that residents completely ignore after a few years

Only the original person who put the covenant on can take you to court over it. If it’s a developer they only care until the estate is fully sold and then they don’t give a crap about your satellite dish etc

You can apply to have the restrictive covenant either changed or removed, maybe say you intend to get a catio?

Most covenants are barmy and a lot of people ignore them. Nobody really checks (or didn't on my last property)

I didn't have any covenants on the house I now own, but for what it's worth, I live rurally and there are a lot of nesting birds. I can actually hear some now, setting up their usual nest in my eaves above my bedroom window. I've got a cat. Admittedly, he's a house cat, so doesn't go out. Birds are pretty good at nesting high enough up away from most predators, but there's always magpies and other wildlife that are a danger to them. We can't control everything.

In short, I'd ignore it.

Typo

Better to get the covenant removed than just break it - especially if it's recent / the neighbours are likely to have issues.

Also is it in an area known for a particular species of bird nesting? If it's for a protected species it might be harder to get removed.

We haven't really interrogated it that well at the moment. The agent said that some of the other houses don't have the same covenant. It's a modern housing estate, and the house is right at the edge of it.

you will be reported op
100%

I think it was put in place by the south downs National Park. If it had been put in place by the developer, I wouldn't feel so bad about breaking it. Challenging, it is probably the best way to go you're right

challenging it… on what grounds?

and that will take time. a lot of time.

in the more time surely very likely the property will be taken by someone else

Not challenging it really, just asking whether it can be removed

I live in an area with convenants and several new neighbours have broken them immediately and made themselves very unpopular in the area. Plus they all got reported.

If you want to be friendly with your neighbours I wouldn’t do it.

they won’t without you going through a proper process

and that will take an age

Surely the national park have asked for it to be there for a reason though. If it's a newish property I can't see why they'd agree for it to be removed.

Yes but it will take ages and will cost you. You need to pay for a hearing etc

Can you ask whether house cats would be exempt from the rule? If they say yes that might be a good compromise? Perhaps with some sort of closed in outside space?

Would it be mad to bring the cats with us and keep them as house cats? They don't usually go far and I keep them in at night.
If you mean completely as house cats Id say no issues, if you mean they'll be wandering out and about at all then no its not ok.

is it on the eastbourne downland estate?

and the process for going it removed won’t simply be “asking”

it will take months and a legal challenge

Let your parents take the cats if you really want this house.

It may be there's a site of significance nearby eg a very rare bird. Do you really think you can keep cats in that previously went out? Are you willing to fully cat proof your garden? If yes to the latter two speak to the estate agent

plus seems unfair on the cats

1 year old and not currently house cats

and then to spend the rest of their lives inside

Do the cats further down the estate know they are not allowed to venture to the edge of the estate?

You would be unreasonable to break the covenant.

You either need to find a different house or give up the cats.