People who have chickens on their Lehigh Acres property illegal will soon have to say goodbye to their hens and roosters.
99.99% of all residential lots in Lehigh Acres have a deed of restrictions on them, Thanks to the original developer: Lehigh Corp.
It states in all the know recorded deeds of restrictions: “No animals, livestock or poultry of any kind shall be raised, bred or kept on any property except that dogs, cats or other household pets may be kept, provided that they are not kept or maintained for any commercial purpose.”
The deed restrictions also say: “These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded, after which time said covenants shall be automatically extended for periods of 10 years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part.”
Regulating and Legalizing Backyard Hens in Unincorporated Lee County Facebook page states: Under the Florida code MTRA (Marketable Record Title Act) these (deed) restrictions expire if not renewed before 30 years are up.
But the deed restriction covenants in Lehigh Acres automatically extended for periods of 10 years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part. So the Marketable Record Title Act does not work and is not enforceable in Lehigh Acres and Lee County leaders know this to be true.
At the County Commission meeting Sept 6, County Attorney Richard Wesch stated, “Our strong preference and recommendation to this board is that the board not be in a position to comment on the viability of the deed restrictions.”
Commissioner Frank Mann said he would encourage the people who have points of view about back yard chickens to take advantage of the board’s public comment period at the next meeting Sept 20, 2016. But the commissioners are only going to do is listen with no real action taken on backyard chickens that day.
Charles “The Chicken Man” Edwards told the Lehigh Acres Gazette that he is looking to start a Chicken Co-op in Henry County on agricultural land possible calling it the “Chicken Ranch”. Were you can take your personal chickens and your coop and raised them in a safe environment for a minimal month fee.
Lehigh Acres Community Council on Sept 19 could bring back up the back yard chickens item again.
A group of citizens have approached some county leaders so code enforcement could use drones in during code violations. A member of the opposition to the chicken movement stated by using drones it would be a faster way to verify chickens or other code violations throughout the county.
GOOD. CHICKENS STINK