Legal Question in Real Estate Law in California

Re: Neighbors new flock of chickens intruding

You may have an action for injunctive relief and nuisance. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

Re: Neighbors new flock of chickens intruding

Yes, indeed, you do have rights. Although Sonoma County has a right-to-farm ordinance that allows people in Forestville and elsewhere to farm without a special use permit in agriculturally-zoned areas, the right is not absolute.

First you should check the zoning for your neighbor's parcel. Raising poultry may not be permitted in some parts of town, although many areas around there are OK.

Second, you need to know that there is no general "open range" law or right that allows livestock (including poultry) to roam across property lines. The presence of the chickens on your property is a trespass (and it's the owner, not the hens, who are responsible) and perhaps also a private nuisance.

However, this is not the stage of the game to threaten your neighbor with injunctions, etc.

The starting point (if you haven't done so already) is to make a polite but firm request that the poultry be restrained to home turf.

After that, maybe have a lawyer send a polite letter explaining the law.

This should correct the problem unless the neighbor is a jerk, idiot, or both.

The bottom line is that you have plenty of rights but the means of asserting them is important to getting the result you want.

Re: Neighbors new flock of chickens intruding

You might try speaking to your Counties Agricultural Extension representative for ideas on how to keep chickens on their property then discuss them with the neighbors.