Guide Next Door to the Chicken Market

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Jameson Woodford Reserve Watershed Bourbon OH Great Lakes Dortmunder Gold 5. Thirsty Dog Blood Hound Orange 5. Market Garden Citramax 6. Thirsty Dog Citra Dog 6. Bed Head Red Ale 5. Brew Kettle Kitka Milk Stout 5. Rhinegeist Cidergeist Semi Dry 6. Miller Lite 4. Chardonnay, Dante, CA Glass 9. Syrah blend, crushed red fruit, juicy with a lingering finish. Black plum, raspberries and dark chocolate covered cherries. Sprite 3. Coke de Mexico 3. Boylan's Soda 3. Topo Chico Sparkling Water 3. Iced Tea 3. I can hardly believe that your neighbours are serious in justifying the intrusion by saying that they want the chickens to be "free-range".

If they feel that their own garden is not big enough for them, then you might invite them to move. Interestingly - and rather bizarrely - there is a remedy to deal with the problem that does not involve going to court.

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You have the right to detain any chickens that come on to your land, provided it can be said that at the time they are not under anyone's control. Since the chickens can pass through the hedge but your neighbours presumably cannot, they would not be under their control when they do so and I do not think this exception would apply.

Your right to detain the chickens will end after 48 hours unless you have by then informed your neighbours that you have them and also have notified the officer in charge of a police station. You will also have to give the chickens back once sufficient money has been tendered to satisfy any claim for damage caused by the chickens and any expenses reasonably incurred in keeping them.

If you have not actually suffered any damage, you have to give them back when asked or, of course, should the court order you to return them.

I appreciate that it may be difficult to quantify the exact damage caused by the chickens but I should have thought the reasonable costs of having someone replant your damaged flower-beds would be a good measure of this. Assuming that your neighbours refuse to pay, then once you have detained the chickens for 14 days you yourself are entitled to sell them, either at a market or by public auction, unless their owners have brought any legal proceedings in the meantime.

I am sure that if you point all this out to your neighbours, they would be most concerned not to risk losing their birds and would invest in some chicken wire which would undoubtedly solve the "trespass" problem. There would, of course, remain the problem of smell and noise, although from what you say it does not seem that you are unduly concerned about this. Essentially, the law of nuisance only protects people against unreasonable actions on the part of their neighbours and it may well be reasonable for your neighbours to keep chickens.

There have been a number of cases reported in the press over the years of people moving to the countryside and complaining of such things as the smell of pigs, the crowing of cockerels and so on. If the presence of the chickens in your neighbours' garden does prove to be a problem for you, then, again, you would have a right to go to court or, as mentioned above, ask the environmental health officer to serve a notice on your neighbours requiring them to put a stop to the nuisance.

The market. We are investigating opportunities for investing in developments on the Costa del Sol. This involves buying off-plan and selling on before or at completion. What are the pitfalls and what should we look for in a local estate agent? How can we discover the relative merits and trustworthiness of agents and their projects? Lorna Vestey writes: It is not only the agent about whom you need to feel confident, it is also the developer. There is Spanish legislation designed to prevent this problem - you just need to be aware of its existence and make sure the developer with whom you deal is not flouting the law.

This requires that the developer give you the insurance of a bank guarantee to cover all payments made prior to completion. Also, there has to be a year guarantee on the construction which is covered by insurance paid up front by the developer. As far as agents are concerned, deal with those who have an established record and have been in business for at least five years.

There are many UK-based or associated agents operating on the Costa del Sol and you may feel more comfortable with one of these. You ask about pitfalls. Ensure that what you are told verbally is included in the written specification which will form part of the contract to buy.

Never purchase without going out to inspect the site and visiting a previous development by the firm concerned.


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Take the trouble to knock on a couple of doors and ask the residents if they are happy with their properties and the developers. Make sure you see samples as well as photographs of fittings and finishes. As is the case when buying property anywhere, it is essential to have a lawyer acting for you and moreover one who is fluent in English, if your Spanish is not up to scratch.

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The agent will be able to give you a few names to choose from. The main pitfall, however, is common to buying off-plan anywhere with the purpose of selling almost immediately on completion of the building: you must recognise that you are gambling on prices rising and this may not happen. Spanish property prices have, nearly alone in mainland Europe, increased in recent years almost in line with UK rises.


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But markets do go down and "correct" as well as rise.