How’s this for a whole new level of cheeky fuckery - someone has token our allotment!

[YaMuvva]

Moved into our new house in January. Bought off a lovely lady who was a widow and something of a popular figure in the street (relevant).

We were pleasantly surprised to find that in the deeds it came with a garage across the road (which we’d seen at the viewing but it wasn’t clear it belonged to the house) and an allotment plot. We’ve actually been on an allotment waiting list for years so it was nice news.

We’ve already had aggro with the garage - when we got the keys we went to open it and found that it was rammed full of full boxes! I called previous owner directly as she gave us her number (as assumed they were hers) and she said she allowed our next door neighbour for years to use it. He was most put out when we told him to clear his stuff as we needed to use it. This was 3 months ago, and only last week did he finally clear it out, and only did so when we had to get shitty with him and say if he didn’t clear the garage we would do it for him (don’t want to get off an a bad foot with the neighbours but he was taking the piss).

Anyway we have never checked out the allotment before now (it’s not far about a 10 min walk from here) just because of time constraints and illnesses and crappy weather but decided to finally today go and find it as the sun is shining here.

Anyway, when we got there we looked on the sheet of paper we’d been given and found the plot - and a person sitting next to a full and lush patch sitting on a chair having a cuppa! There is also a shed full of tools coffee cups newspapers etc in it too . We asked the person if we’d got it wrong as we are new owners of number 8 on X Street and thought this was our new allotment.

Apparently she is our neighbour down the road (never yet met her) and yes whilst it is the allotment belonging to number 8, the previous owner (a “very dear friend” of hers apparently) let her use it, she’s been using it for 10 years.

My DH, still stinging from the garage debacle, said well I’m afraid your very dear friend doesn’t live in no 8 any more we do and we are reclaiming the allotment, thank you for looking after it but it is OURS to enjoy.

She bloody said no! And that she’s cultivated this patch for several years, she grows all her veggies here and it’s her sanctuary so if we want it we will ‘have to fight for it’! She also said she paid for the shed.

DH said that’s fine, expect a fight then, and we shuffled away in shock. I then rang the old owner and she said “Oh yes it’s Barbara’s plot really she was good to take it off my hands and it would be awful to take it off her”. To be clear - the plot has NOT been sold to Barbara.

I just can’t believe the piss takery of this. DH thinks we should just go and take down the shed, leave it at her front door and dig up everything and chuck it all in a bin.

I feel like the neighbours just took the piss out of the old owner and think they genuinely have a claim to the stuff she was kind enough to let them borrow.

I don't have much sympathy. She must have known previous owner had moved, so I don't know why she assumed that the new owners would want the same arrangement. She was sitting tight, hoping that nobody would challenge her, as was the cheeky garage user.

But be very sure that it is in fact yours, otherwise you could end up in the police station ( malicious damage, squatting,)

Also I missed the post that got deleted - I’m assuming it casted doubt on my OP because they had a waterlogged garden?

Hate to break it to you but it’s been 19 degrees here today (according to my car) and sunny here, the kids went to school in shorts/no tights! And we’ve had rain the last couple of weeks but not torrential.

Maybe old dear just didn't realise the implications of these real life senerios cause of her age and benevolence attitudes olde fashioned ways and lack of knowledge know how niavety on property laws.🙄

That's how it comes across to

This.

Don't do anything to Barbara's shed or anything to the allotment. I'd go to the council to get the allotment reinstated to your property or an alternative to be provided forthwith because you bought the property with these items specified on it and you're discovering that very little of what you were sold appears to be owned by the seller any more!

Definitely get legal advice. Perhaps if Barbara has already planted for this year's crop, you could give her notice to vacate and leave the allotment in a condition where you can begin planting straight away? Some (only a handful mind you) people get terribly possessive about allotments and they might even pour chemicals on the allotment that would mean it was totally unusable, so beware the cranky gardener!

Typo omission

to me **

I'd charge Barbara rent in the form of produce! Free veg and no gardening. Seriously though, it probably does need a formal agreement going forward.

Immediatley send this person 150 quid plus vat, despite their objections, and get a rocket letter headed over to Babs forthwith.

or someone similar

So refreshing to see someone that clearly know what they're talking about on here!

Considering she can see our house from our living room I’d be amazed if she didn’t know it was up for sale.

If you go for option 3, I'd rent it rather than sell it. It will add to the value of your property, which will appreciate over time.

Selling it (or part of it) gives you a one time payment now, but no long term gain.

Also Barbara isn’t elderly, id she early 60’s or so. I’m crap at guessing ages but she isn’t elderly. Not that it matters but just wanted to clarify that point

Wow you have been screwed over although I doubt intentionally. So how does the allotment work- is it the right to use it or does it mean you own the land? In my village, the allotment isn't owned by the person growing on it, but they rent it.

She knew the property was for sale, but she may not have realised it included the plot of land she's using.

Glad to hear it, OP.

I would do option 1 to make ownership unequivocal.

You can always relent & share, rent or sell a portion later. But first, ensure that she understands that you are the legal owner of the land and no concessions are required.

OP did you get any checks done before you bought the property? How could you not know 100% that the garage was included before you got the keys and how could you not have inspected the allotment? I find that all a bit odd.
Surely your legal help would have performed checks and recommended you see it or at least photos of it prior? This would have been all sorted out as a course of the sale as usually happens.

A garage and allotment add a lot of value to a house I can't fathom how you didn't view the entire property. Was it so undervalued that you were happy with just the house for the price.....

Yes do 1. to clear it up and then charge her rent to see out the season.

Me and DH feel really bad for having a bit of go at her. Had we not had the garage drama and pneumonia I think we’d have laughed it off a little bit.

I feel like going round to apologise and update her but solicitors say to take a business approach when we’ve decided what to do.

Get your allotment back. Do not sell to Barbara. Alright it's pants at the moment but you've ended up with a garage and allotment that you didn't even realise when negotiating the price of the house. That amazing!

@YaMuvva I'd go for option one. Your conversation with the vendor suggests she may have done a "I'm sure they will understand that you've been gardening there for so long" number on Barbara. It would be a shame to move her indeed! If you can see Barbara's door from your house, you can also ask the solicitor ro send her a letter confirming that she'll be moved on, in case she wants to start gathering up her belongings.

This goes back to the vendor to evict, as she should have done before the sale. Your set-up sounds fab, with the now-empty garage across the road and the alltoment. "Yes, Barabara seems to have promised a lot to people that we won't be continuing" might be your phrase for a while.

If you apologise then you risk people trying to take advantage (they already have - Barbara would have known what she was doing took the piss) and this becoming a never ending saga

Go with option 1

Why would you apologise? It sounds like she was really rude to you.

Be careful. It's quite likely that in the time you've taken to find out where you stand, she's been doing the same, but she'll feel she has the power of the village on her side. I wonder if she'll play up to the 'but I couldn't possibly have known!' side of things.
I think your solicitors are right, keep it as businesslike as possible!

Definitely keep it polite, firm and professional.

At the end of the day, she knew that it belonged to the house, and if the previous owner was her very dear friend, she would also have known that the house was being sold. My money is on her thinking she'd just be able to keep it, so don't feel too bad.

Do update us with what you decide and how it goes @YaMuvva (if you don't mind). I find myself unusually invested in this thread!

I’d go for option one tbh. Or rent her a section but I’d want to do a proper allotment tenancy agreement with marked boundaries and photos signed and witnessed.