Chicken Coop Drama
I am writing this a little after midnight because I am having a hard time sleeping. I suffer from insomnia from time to time; it’s how my anxiety manifests. I have found that when my brain won’t quiet down, the best thing to do is just to stop fighting sleep and get up and either read, watch tv or do work. My wife says magical things happen in the middle of the night because she awakes to freshly baked goods, scrubbed refrigerators and alphabetized spiced racks. Instead of stressing about not sleeping, I try to “flip the script” and see it as one of my superpowers that I need less sleep sometimes and can get a lot done.
Tonight I am kept awake, instead from an anonymous letter from a neighbor that was found in my mailbox. It was literally mailed, because it is stamped but there is no return address. You all know how I feel about letters. I mean, I am writing a whole book about them! But this one was not one that makes your heart flutter with joy- no, this one is when your stomach sinks and your heart tightens. I actually came across the letter after a perfectly magical run to the Eno River with my pup, in which I let her swim and frolic because it was a high of 75! I was trying to do some self care after a horrendous day at work and was feeling smug with myself that I had conquered my stress.
I am going to let the letter speak for itself below…
March 3, 2021
Dear Jennifer and Nicole,
It has come to our attention that the structure you are building in the front of your property is intended to be a chicken coup. However earthy that idea may be, you are in violation of the provisions of the document entitled “Declaration of Restrictions and Dedication of Streets” dated October 8, 1980, recorded in the Durham County Register of Deeds Office in Book 1042, page 658, a copy of which is enclosed, but more specifically as set forth herein:
3. BUILDING LINE REQUIREMENTS. No building or any part thereof, structure , out building or appurtenances of any nature shall be located on any lot nearer to the front line than 50 feet or nearer to the side street than the minimum set back lines shown on the recorded map, or nearer than 12 feet to any interior lot line, or nearer than 12 feet to the rear lot line…
10 ANIMALS AND PETS. No animals livestock or poultry [emphasis added] of any kind shall be raised, bred, pastured, or maintained on any lot, except household pets which may be kept thereon in reasonable numbers as pets for the sole pleasure and use of the occupants, but not for any commercial use or purposes. Birds shall be confined in cages.
The Declaration further states in part:
If any person, firm, or corporation shall violate or attempt to violate any of these restrictions, it shall be lawful for any person, firm, or corporation owning any property within the subdividvison above named… to prosecute the violating party at law or in equity for any claim which these restrictions may create in such other owner or interested party either to prevent said person, firm or corporation from so doing such acts or to recover damages or other dues for such violation.
The Declaration of Restrictions and Dedication of Streets “shall be binding and effective until the year 2000, at which time they shall be automatically extended for successive periods of ten year each…”
Please be advised that, as your neighbors, we take issue with the fact that you have chosen to build this unsightly structure in the very front of your yard, street-side, in full view of surrounding homes in the neighborhood. In addition to being highly unattractive, a chicken coup in such an open area will be a draw for all types of animals and/or vermin, including fox, coyotes, snakes, rats, etc.
Even though it would still be in violation of the recorded restrictions, your fenced-in and private backyard would certainly be a more suitable area for such a structure.
You have 30 days from the date of this letter to remove the structure from the front yard after which time a complaint will be filed against you in Durham County.
Sincerely,
Your neighbors in Trappers Creek
Attached:
Copy of Declaration of Restrictions and Dedication of Streets
Have I lost any of you dear readers? I know it actually took me three or four times to actually get through the whole thing since it was so verbose and detailed with legal language. Ironically, because my wife has been so against me having chickens, she requested I ask the neighbors next door to us on either side whether or not they had a problem. Both families are retirees, the age of my parents who fondly encouraged me to add goats as well. They said their adult children have chickens and they take care of them when they are away. Lots of neighbors asked what we were doing as we painted and nailed and sanded my beautiful, (not at all unsightly) coop, and all of them enthusiastically applauded our efforts. They said they looked forward to fresh eggs. There are four neighbors with chickens already and two have roosters! I promised my wife I wasn’t going to get a rooster for this very reason!
September 2019 Pre-Covid and proof of my bliss with chickens with one of my littles…
The difference, I suppose is that we are placing it in our front yard, but we have a huge natural area there that isn’t being used for any other purpose and is a perfect spot. I actually think we are 50 ft away from the street, however, and are not in any way in violation to the aforementioned declaration. One of my neighbors called a real estate attorney who said he would be surprised if the HOA could even be upheld because it is from the 1980s, there is no board of folks who meet and again, four other neighbors have chickens and coops. Our backyard we use for our very prey-driven dog and I would be very surprised if my little ladies would survive her natural instinct.
Again, some friggin amazing chicken times
My dear, sweet wife is very conflict averse and I was so nervous to hear her response to the letter. Here’s the thing- it is also very triggering to us both because I have been sued in a medical malpractice lawsuit, of which terrorized our lives for five long years and started with a very similar sounding letter being handed to me by my postman on a Friday afternoon. So this letter was loaded in all sense of the word. You all won’t be surprised that she was quite supportive (even with her reluctance to my little hen dreams) and we are now left to decide what to do.
Unfortunately, the “neighbors in Trappers Creek” did not leave their name so I can not do the neighborly thing, like have a conversation with them about it and see if we can come up with a compromise. We can certainly call their bluff and await the formal complaint, find our own attorney to fight the battle, but it all feels so much for this small bit of joy I was trying to find during this cloudy pandemic. It makes my heart hurt. My wife says I have the big feelings and she has the infinite awkwardness, so our powers combine to create some epic misunderstandings but also cute and loving memories. It is hard to be human somedays.
Here’s the next letter- I know it doesn’t go with our theme but I can’t help myself…I need to keep my same blog style with each post. The nerd in me. Thanks for hanging in till the end of this one. It was my longest post, thus far.
