1. Question:

May one do Shiluach Hakein to birds that made a nest in ones property?

Answer:

Birds, or eggs or chicks which one owns or have nested inside one’s house are exempt from the Mitzvah of Shiluach Hakein. If the nest is found in ones property outside ones home, such as in ones backyard and the like, then one is obligated in the Mitzvah of Shiluach Hakein. However, if the mother bird was lifted from the nest either by one sending her away, or by her flying off the eggs/chicks on her own, then ones property automatically merits him the ownership of the nest and its chicks/birds if it is Halachically defined as a Chatzer Hamishtameres, and once again one becomes exempt from the Mitzvah of Shiluach Hakein. [Thus practically being that the mother always flies away to get food one is almost always exempt from the Mitzvah of Shiluach Hakein, unless one’s Chatzer is defined as a Chatzer Lo Mishtameres. However technically, even by a Chatzer Hamishtameres, if one wants specifically to do the mitzvah he can declare prior to the bird laying eggs that he does not want his property to acquire it and that the eggs remain Hefker, and then do the Mitzvah later on.]

Sources: See Michaber Y.D. 292:2 Perat Lemizuman”; Rambam Shechita 13:10; Chulin 138b; Shach 292:2, 5-6; Taz 292:3, 7; Birkeiy Yosef 292:4; Shiluach Hakein Kehalacha [Presberg] chapter 9