building loft in garden! whats the law?

[THE FIFER]

one of the problems is pigeons are classed as poultry,  :-/

[Guest IB]

 

worked on lots of new builds for all the big house builders never met one yet that will allow a loft i used to ask the sales teams and every one said no its actualy writen in to the deeds best you could hope for is a bit of ground near the estate still not the same

 

Ogilvie the builder / fancier builds houses as you know Frank. He has purchased a plot of land near me and plans to build flats there. Spoke to his loft manager Norrie and asked if Ogilvie puts restrictions on keeping pigeons on his housing estates; Norrie said no, its the 'Council' or whoever Ogilvie bought the land from that puts in these restrictions (burdens).

 

Last couple of years been sounding out the various issues concerning restrictions on keeping pigeons. Burdens are a throwback to the old Scottish Feudal system, which was abolished years ago, but new landowners, including local Councils still impose conditions on property they sell despite Governments wish? to have this 'fuedal' rite stopped.

 

 

[gazza1]

is this for council house or privately bought or both...i moved in before my neighbours touch wood no probs birds their before them..none complaining...had a brother worked on council he reckons noise not a problem when they visit properties about pigeons normally councils dont take action if no vermin and area kept clean...noise is very little if away from houses...mine is a small garden about 15 to 20 feet from houses

[Guest IB]

one of the problems is pigeons are classed as poultry,  :-/

 

DEFRA give a good definition for poultry which rules out racing pigeons, and pet chickens too  

 

Poultry is defined as any bird reared to produce meat or eggs for the table.

[Guest]

 

Ogilvie the builder / fancier builds houses as you know Frank. He has purchased a plot of land near me and plans to build flats there. Spoke to his loft manager Norrie and asked if Ogilvie puts restrictions on keeping pigeons on his housing estates; Norrie said no, its the 'Council' or whoever Ogilvie bought the land from that puts in these restrictions (burdens).

 

Last couple of years been sounding out the various issues concerning restrictions on keeping pigeons. Burdens are a throwback to the old Scottish Feudal system, which was abolished years ago, but new landowners, including local Councils still impose conditions on property they sell despite Governments wish? to have this 'fuedal' rite stopped.

 

 

 

you might be right there ian but i doubt very much if norrie knows anything that goes on with his sites maybe even ogivle himself knows whats what and when money(big) money doesnt matter who the builder is it wont happen we need to realize in the eyes of joe public pigeons are nasty and the wont pay alot of money for there over priced house and live next door to pigeons

 

[Guest IB]

 

I was lead to believe the burden could be altered but only after a period of time being 20/25 years.The thing that really gets you is the majority of the neighbours are breaking these burdens in some way.The hypocrisy is sickening. > > >

 

Law has been reformed and burdens can be lifted a lot sooner. The Scottish Government considers the main people that would enforce a burden nowadays are those that share a boundary with your property - your neighbours, where once it was the feudal superior. If your neighbours give you 'informal letters of consent' to keep pigeons knowing that the title deeds don't allow it, then basically the restriction on keeping pigeons is lifted, and the neighbours consent would bar them from objecting at a later time. There is also a mention of a negative burden (one that stops you doing something) being automatically lifted if at the end of 12 weeks after the 'barred' activity started, there had been no objection to it - presumably from your neighbours. And in the circumstances you've just mentioned, your neighbours breaching conditions, those people can't object to your breaching it too, and the burdens would also cease to have effect.

[Guest]

 

Law has been reformed and burdens can be lifted a lot sooner. The Scottish Government considers the main people that would enforce a burden nowadays are those that share a boundary with your property - your neighbours, where once it was the feudal superior. If your neighbours give you 'informal letters of consent' to keep pigeons knowing that the title deeds don't allow it, then basically the restriction on keeping pigeons is lifted, and the neighbours consent would bar them from objecting at a later time. There is also a mention of a negative burden (one that stops you doing something) being automatically lifted if at the end of 12 weeks after the 'barred' activity started, there had been no objection to it - presumably from your neighbours. And in the circumstances you've just mentioned, your neighbours breaching conditions, those people can't object to your breaching it too, and the burdens would also cease to have effect.

 

I was informed that a burden in relation to keeping pigeons has only ever been fought successfully by a high ranking army officer.The name of this individual i cant recall,but has never been successfully challenged since.I believe this individual has sadly passed now,maybe there is a member of basics who can recall this gentleman's name

[Guest]

it would be strange Vincent Smith if we are talking about the same man . i keep my stock birds at the home and lofts of an old work colleuge of my late father . he is ex armed forces, when based (cant remember exactly) in england ,he put up a loft and filled it with birds. neighbours on the base complained . visit from the MPs ,was told to take it down and do away with birds . he said he couldnt asd they were on eggs ,3 years on the trot the same happened , he finally left ,came home to race his birds .                   andy.

[Guest IB]

 

I was informed that a burden in relation to keeping pigeons has only ever been fought successfully by a high ranking army officer.The name of this individual i cant recall,but has never been successfully challenged since.I believe this individual has sadly passed now,maybe there is a member of basics who can recall this gentleman's name

 

I didn't know about this one. Last year I did ask for the 'opposite view' : would the Council go to Court if one of its tenants was keeping pigeons without permission? The answer I was given was 'don't know, because no-one could tell what the outcome would be as this has never been tested in Court'.

[Guest]

what if the loft in the garden was on wheels /axels ..like a trailer .so it could be moved if need be ,then wouldnt be such a permanent fixture ?? could this be a way around it ?? what do you think ??                                  andy.

[Guest]

So if you got older property shoudnt have too much of a problem with a small loft

 

Correct most privately owned property that is 25 years or older in Scotland have no burdens.

[Guest chrisss]

you might get very lucky and find the human rights act applies [the right to have a pastime or something]

[Guest gladdo]

get loft up mate ...have quiet word withneighbour if you wish and know them !!!! then if council come ust open doors and say how did them get in there and let them out to fly .... i did it .... he he he

[Guest]

what if the loft in the garden was on wheels /axels ..like a trailer .so it could be moved if need be ,then wouldnt be such a permanent fixture ?? could this be a way around it ?? what do you think ??                                  andy.

well any ....... constructive comments .. i believe this may be possibly the way to go ..... loophole ??                        andy.

 

 

[Guest]

well any ....... constructive comments .. i believe this may be possibly the way to go ..... loophole ??                        andy.

 

 

Even cantilever it on to opposing field this could well be the answer.lol. ;D ;D ;D ;D ;D ;D ;D ;D

[Guest]

 

Even cantilever it on to opposing field this could well be the answer.lol. ;D ;D ;D ;D ;D ;D ;D ;D

that would be some engineering feat , pop it in complaining neighbours garden would be better??           andy.

 

[Guest]

that would be some engineering feat , pop it in complaining neighbours garden would be better??           andy.

 

;D ;D ;D ;D ;D maybe the mathematician on basics could draw us up a formula for it. ;D ;D ;D

[Guest]

 

;D ;D ;D ;D ;D maybe the mathematician on basics could draw us up a formula for it. ;D ;D ;D

 

(evil)(evil)(evil)               andy.

[eastcoaster]

Sorry but burden in Scotland also states NO  CARAVANS OR TRAILORS allowed in gardens or driveways ,!! i have asked my solicitor about loopholes . the only chance is take council to court as a precedent

[pjc]

Before i've brought any house or even made an offer i've always popped into the neighbours and told them my intentions and have never had a complaint. How can they complain afterwards when they have agreed in the first place!

Then i always get the solicitors to check the deeds to make sure there won't be any further problems down the road.