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.

Thank you I didn’t know this!

@YaMuvva

OP, honestly if it was me I'd offer to buy her shed and plants off her. Soften the blow for the sake of neighbourly peace. It acknowledges that she put sweat equity into the land, which you are now benefitting from and compensates her somewhat if she genuinely relies on the patch of earth to feed herself.

No need to tear it down and take out your garage frustration on her. She didn't piss you about for months.

Ohh goodness it sounds like this could be a right pain. I would be tempted to give her until the end of the growing season if it’s already planted up but I understand why you might not want to do that. I feel a bit bad for her, it sounds like the old owner is at fault.

The previous owner should have just sold it to Barbara for a pound and taken it off the title.

I am more astounded that anyone buying a property doesnt actually buy the title deeds and plans for £3 each on Land Registry and double check the boundaries and what is included.

I do, and all the neighbours around too to check what their deeds say.

Just me then ?

If it is really definitely your land then your rights are probably straightforward and your solicitor has a major bone to pick with your vendor. But enforcing them will not make you popular. Given that you didn't even know you were buying this plot, do you even want it that much? Enough to deal with all the hassle of forcing someone off and engendering a good deal of local ill will? Because you could draw up a private agreement to rent it to the current occupier. Having a right doesn't mean you have to enforce it.

Yeah I'd get the solicitor to look at the answers she gave in regards to garage and allotment. Like others have said they have to be so detailed.
Best of luck what a f'in mither

The old house owner agreed to give vacant possession on completion and that would include the allotment too. Go back to your solicitor and get them to contact the seller's solicitor explaining the position regarding the garage and the allotment so they can explain the legal ramifications to their own client.

You don't need to because when you buy a place the conveyancer always sends you a map of the plot and boundaries marked with a BIG red line.

And then asks you to verify that this is the plot/land you are purchasing.

So if there is any argument later about the buyer not having some bit of land they thought they should have, the conveyancer has it in writing.

The solicitor will have and will have sent them to the buyer under the report on title

Yikes 😬
This sounds like a tricky one!

There probably is a proper way to do it, but I’d just go down this evening, dig all her stuff up and put it outside her property and give her a date window to collect her tools and shed.

You don't need to because when you buy a place the conveyancer always sends you a map of the plot and boundaries marked with a BIG red line.

And then asks you to verify that this is the plot/land you are purchasing.

So if there is any argument later about the buyer not having some bit of land they thought they should have, the conveyancer has it in writing.

Yes they do, but its worth independently checking and the conveyancer does not check neighbouring properties, so why would you not do some of your own homework and learn a little bit.

The solicitor will have and will have sent them to the buyer under the report on title

Yes they do, but its still worth checking to ensure this kind of situation doesn't arise as you can make some informed questions during the purchase process.

Lots of properties in the uk have garages and allotments opposite. I have looked at some in the past.

Your argument should be with your vendor and conveyancing solicitor. I agree garage and allotment squatters are not acting well but it appears that the allotment lady was under the impression it was given to her.
What a mess!

I know you feel really angry at the moment but even if it does turn out that the current user is a squatter, could you find an agreement where you don’t kick her off? I’m just thinking about my mum who’s in her 70s and has worked her allotment for decades and it is absolutely essential to her mental and continuing physical health. I don’t think it would be too much of an exaggeration to say it would kill here if it was taken off her. It’s really hard work maintaining an allotment, perhaps you could agree to divide it and you each work a part of it, and I’m sure she’d agree to share produce with you at those times of year when you have so much you don’t know what to do with it. It could be mutually beneficial.

What a mess.

Once you have cast iron confirmation that it is your plot I would tread reasonably.

It isn’t Barbara’s fault that no one told her it was being sold, and due to you not being able to go earlier, she will have fine a lot of hard and expensive work this spring to get it going. Probably all planted up.

It isn’t her fault, either, that you are exasperated out after garage debacle.

I would negotiate fairly over shed and the fact that had she not been managing this plot you would probably have a horrendous bramble ridden mess of a plot to sort out. Share it this year with a clear intention to fully reclaim it in the autumn?

Can't believe some posters are advising to dig up Barbara's plants. I feel sorry for her! She's not the one at fault here, the vendor and solicitors are for doing a shoddy job of communicating.

I think giving Barbara til the end of the growing season is a good compromise. Barbara can hopefully in the meantime make arrangements to find her own plot, though I know allotment waiting lists are long in many areas.

It isn’t Barbara’s fault that no one told her it was being sold,

I thought OP said woman lived down their street so probably did have an idea house was being sold but oddly like garage guy seems to have assume informal rental agreement or existing arrangements would persist without checking with OP.

It will probably come down to solicitor letters anyway - and probably a reasonable timetable could be part of that but I do think OP has grounds for being annoyed both with prior owner - both apparent renters -who waited for OP to find out situation then get upset with her you half wander if they thought keep quite then take land later - and her solicitor.

Though actual legal situation may change things and OP has done right thing in checking with her solicitor.

If Barbara had actually been willing to talk then sure, let her finish the season. But she wasn’t, was she.

Surely Barbara would have known that her very dear friend was moving and would have had inkling that the current arrangement would cease - or did she just think that because she had an arrangement with HVDF that she would have that forever more? I can't believe that anyone would be that naive. Wilfully ignorant, perhaps, but not naive.

I agree with this. An allotment plot is very different to a garage filled with boxes. Barbara should definitely have been more understanding towards you and DH but you can be the bigger person here.

Um…. No. The price they paid would have including the plot when the house was valued. It’s theirs. And the woman has gone in immediate threatening a fight. Kick her off.

I wouldn't hold out much hope for anything growing successfully if you do manage to take it back
They'll all have it in for you and your veggies will be cursed.