Keeping goats, our deed says we can't

Question

we really want to get some nubian goats. Our deed says we can't. We have 3 acres. Is there still hope?

Answer 1

No.

Answer 2

Need a little bite more info, In general if the deed has that restriction then technically no you can not, that said without knowing all the facts as to why and who placed the restriction on the deed;  I am not sure who would seek to enforce the restriction i.e. who would have standing to sue to enforce it esp. if other animals are allowed,  just no goats?

Answer 3

If it is a zoning thing, then you'd have to get a zoning variance.  But I want to ask you this: do you realize how much goat poo stinks?  I live in the country.  I've been around all sorts of animal poo (and actually think some of it isn't bad at all; like cow manure unless it is in large doses).  But let me tell you: in my opinion, nothing smells worse than goat poo, even if it is from only one goat.  Think carefully about your decision.  

Answer 4

Well, you do someone a favor and they'll do you one. Find out who it is that could have your deed updated so you can have the goats. Maybe you can make a donation to their charity, or to their church, or maybe buy that person a gift or some concert tickets. Make an investment and things will turn out fine.

Answer 5

You need to find out the basis for the anti-goat language in your deed.  If it is a reciprocal negative covenant (meaning that your neighbors all have the same language in their deeds too) you would have to get the unanimous agreement of your neighbors to redo the restrictive covenants for everyone.

If the anti-goat language is just some leftover from some 19th century goat-hater who put in a no-goat restriction, you can probably safely ignore it.  This is less likely than the first scenario.

You'll want to check on zoning ordinances too--many communities have actual regulations against goats in areas unless they are zoned agricultural.  This is a separate issue.

If you're zoned for goats and the only problem is a restrictive covenant,  you could always check to see if anyone really cares.  If your property is zoned no-goats, I wouldn't risk this, but if the zoning commission doesn't care and your immediately adjoining property owners (that's legal mumbo-jumbo for "next door neighbors") don't care, perhaps you could just get some goats on the QT and accept the small risk that someone else entitled to enforce the negative covenants will seek to enforce them.  Many neighborhoods don't enforce the restrictive covenants--mine, for example, say you can't leave your garage door up, or your trash can at the curb, for more than a couple hours, but everyone ignores them.

Finally it is technically possible to have your deed judicially reformed to remove the covenant.  I doubt very much you have the kind of facts that would permit this:  you would have to prove that the original reasons for the covenant are no longer in existence, and/or that the burden of the restriction deprives your property of its marketplace value and makes it nearly worthless.

A couple of the other answers confuse negative covenants with zoning restrictions--be careful with these!  Only reciprocal-covenant landowners have the right to enforce negative covenants, and only the local government has the right to enforce zoning restrictions.

Sorry my answer is so long, but at least it is right!

Answer 6

Oh, I had a problem like this and we hired a lawyer and paid him several thousand dollars and he came up with an answer that was pretty much like the Professor's.  After talking to our neighbors, we decided that goats would make us bad neighbors.

Answer 7

I'm guessing your deed says no agricultural animals?  That's pretty typical for small lots of less than 10 acres.  

You can't do it, and if you try your neighbors (who all have the same covenant in their deeds) will turn you in to zoning so fast you'll have to give the d**n goats away in order to comply with the time frame.

Easier to move, go get 20 acres with no restrictions.  :)  One country girl to another.  (We have dwarf nigerian goats, and 100 acres to do whatever the h**l we want on.)

Answer 8

Then you can't.

(Who the heck would add a clause like that to a deed anyways?)

Answer 9

Only if the deed has an escape in it, like saying it is for the benefit of the owners of x, y and z parcels and you all get together and agree to change it and file it w/ the recorder's office.

Answer 10

No hope whatsoever.  Your deed specifically states you cannot do this.

Answer 11

The Professor has it right.  DAR is kind of close, but incomplete.

The others are wrong.

Kudos to the professor