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?

Seems the OP has decided but I thought I’d chuck in my observations as many years ago I worked in the Law of Property section at the Lands Tribunal, which is where these issues are litigated. Firstly, if the covenant is intended to exist in perpetuity, then the applicant’s personal circumstances, particularly if they applied at the time of moving into the property, are irrelevant, so the fact that the OP has this particular problem wouldn’t be the basis of a successful application. The second point, that is always made in response to an application to vay a covenant, is the “thin end of the wedge “ argument. This has considerable force as it was often the case that if a variation were granted, we would typically be subsequently be inundated by similar applications from neighbours, even though they may have been joined as parties opposing the original application. On the facts as stated, I don’t think the OP would have got this covenant varied or removed and stands a good chance of action against them for breach if they decided to ignore it.

What exactly do you understand by the term “house cat”? If I read you correctly you propose to keep yours as “house cats” that won’t wander far and will be in at night. That is not how I understand “house cat” and it’s of no use to the nesting birds.

Also, it won’t matter how high the nests are for those crucial first days after the fledglings first leave the best… high nests or low nests, the dangers are the same once they’re hopping around on the ground working on their flying skills!

Sorry OP, just saw your last update. Good decision 😅