CF allotment thief part 2: the Battle of Barbara and the Beansprouts

[YaMuvva]

Hi all, sorry I didn’t get a chance to post the link to this in the last thread, but it filled up too quickly.

So, another update

DH and I sat and had a looooong talk last night. We poured over every option, the pro’s and cons and the best and worst case scenarios. We thought of every possible situation that could arise from each option and we made a decision this morning.

it was actually the best/worst case scenario talk that clinched it.
Best case scenario for selling it to her was we get a little bit of money. Worst case is we have no allotment and the house possibly devalues.

Best case scenario for if we shared the land is that she is a pleasant plot neighbour and isn’t bitter that we are on the land that used to be ‘hers’ and doesn’t try to boss us about. But worst case scenario is that she remains bitter and makes our lives hell, interferes and our allotment space becomes an unbearable place to be.

Best case scenario for if we keep it to ourselves is we have the enjoyment of a long awaited allotment, one that makes a massive difference to DH’s MH and our general life enjoyment. Worst case scenario is that we make a neighbour - who is smart enough to find another plot or use her own generous garden - cross.

We figured that the worst case scenarios for all 3 weren’t worth risking the absolute best case scenario could bring.

So we are kicking her off.

We discussed letting her wait some months before making her leave or until the end of the growing season around about the end of September. But that when you consider the weather, that would mean we wouldn’t truly be able to enjoy the allotment in good weather for a whole year. I know it can still be enjoyed in horrible weather but the thought of missing out on a whole entire summer of gardening, relaxing and recuperating just feels too long. She has also indicated she will fight us - well she can try and she won’t win so I’d rather the ‘fight’ was a short one not a long one

We went to the plot this morning (no Babs in sight!) and took a soil test, took pictures, used that app to mark the plots (thanks to PP for the tips), and measured it and took pictures of the measurements/readings. From what we can tell she has root veg, fruit and a little herb garden patch, all growing fairly well considering the time of year. We didn’t disturb anything

Going to call the home insurers today to see if we can get legal cover and reclaim costs from the previous owner so solicitors can write her a letter - if not we will just instruct our current solicitors and make the reclaim too. I know we could do a letter ourselves but I really think a legal middle man would be worth the money. We will take solicitors advice on how much notice to give her - but it won’t be long notice. No point, may as well rip the plaster off now. We won’t be offering to buy the shed as I don’t want to be beholden to Barbara or have her make out to others that we stole the shed. We want a clean slate, to pick our own items.

I do feel bad that Barbara will be losing something that is so dear to her and that her ‘sanctuary’ will be taken away but the bottom line is it does not belong to her and she has known this for 10 years. She could have spent that 10 years, or even just the nine months since the house went on the market, to find another sanctuary. We are being selfish, we have been through unimaginable struggles and it’s time to just live for ourselves not a random neighbour. If that makes us a pariah in the community I can take it.

DH also messaged our police officer friend of ours this morning who said if the time comes to bin her stuff and dismantle the shed to call 101 and tell them “We are doing this, it’s our property and we will handle everything with care and bring it to her home” and then if she calls them saying we are stealing or damaging our property then we are one step ahead at least.

I think taking soil samples in Barbaras absence and eyeing things up to conclude how much work has gone into it is a bit shitty.
Would be far more constructive to get some sort of dialogue going, whatever action follows, rather than casing the joint with a view to legalizing a land grab

Surely this is a joke post?? 😂

You cant "case the joint" of your own property LMFAOOO

@poetrylover has nailed it! 😂

Haha me too

Did your In Laws know the neighbour was moving, and had they discussed their use of the garden?

https://www.mumsnet.com/talk/am_i_being_unreasonable/5048598-someone-threatened-my-allotment?reply=134487824

@surreygirl1987 @Doginthebed quick before the TAAT reporters have it taken down!

My best guess at how this has happened is that Barbara knew the vendor was selling their house, went over in a flap about her allotment, might even have possibly wanted to buy it (too late, it's sold with the house, quite probably not splittable) vendor said that the new buyers never even asked about the allotment and they probably won't even notice if she carries on using it (and similar conversation could have happened about the garage) and now they're all dismayed that OP did in fact notice and actually wants to use what they have bought.

Or the vendor is one of those oblivious people pleaser types who had no idea you'd want to use the allotment as she never had. She'd probably be astonished at any redecoration you did because she thought it was fine.

Barbara doesn’t own the plot and has no right to be present on the land, ever, now that it belongs to op and her dh. Nothing is being done in her absence. The only land grab attempt is the one by Barbara.

Not possible - the seller no longer has title to the land, so can't sell it - selling land is not as simple as here is a signed scrap of A4 - it has to go through an official process involving solicitors / Land Registry / Stamp Duty / etc.

To sell land you have to have clean title which the seller doesn't have any more as the OP now owns it - so legally and technically impossible.

There is no basis for 'Barbara' having any claim at all over the land.

Good plan @YaMuvva . Hope it works out ASAP

‘Casing the joint’

’Land grab’

🤪🤪🤣🤣🤣

Wow I've just read all your posts on both threads!

Personally I think it would be a bit cruel of you to kick this woman off the plot with no notice and halfway through the growing season! She will have a lot invested in it.
Why don't you give her notice now that you will be reclaiming the allotment from the end of the season and give her time and space to clear the site by the end of the year. That's what allotments societies do.

Sounds like you and your DH have enough on your plates right now. Leave it a season. Be reasonable and kind and it will probably win you more good will points in the long run. A bit of generosity and kindness goes a hell of a long way in small communities.

So if you bought a house, and found someone sleeping in the living room when you moved in, you would let them stay there?

It's the same principle.

I would not assist Barbara in uprooting the plants, dismantling the shed or moving anything. Nor would I speak to her about it. leave it to your solicitor.

Any physical or verbal interactions that you have with Barbara are likely to be wilfully miscontrued, by her or your fellow allotment users and neighbours.

I would not give her a long period of grace either, as this could also be misconstrued as you trying to make amends.

Enjoy your allotment!

The house was on the market for 9 months - 'Barbara' lives in the same road and was a friend of the seller - there is no way that she didn't know that the property was being sold - she would have had 100% awareness that she couldn't continue to use the separate plot of land - she should have chosen to not plant there this season.

Nope, not dramatic and actually a good ans sensible thing to do.

We had a friend who had a crazy neighbour. Neighbour put a padlock on friends gate so they couldn’t leave the property. Police came and advised that he could do them for damage of property so they dismantled the gate around the padlock under police guidance and on video and it just added for when they took legal action against him.

so no, not ”dramatic much” and you are not a nice person.

@YaMuvva Barbara could have at any time in the last 10 years sort to buy from your seller, especially when she knew it was up for sale. Your seller could have even sold it to her for £1 before the house was listed if she wanted to “gift” it to her, but she didn’t.

Here we go again OP….

I’m invested in this and simply must hear how it ends…

but what if they had a really cosy setup and were half way through a series on your netflix and really liked the breakfast cereal you buy?
you can't say you'd seriously kick them out!!

Nope. You don’t know what the OP is going through and it sounds like the allotment is just what they need. Barbara had notice this was coming and the seller could have sold it to Barbara for £1 if she wanted to have it or Barbara could have bought it, but she chose not to. The OP owes her nothing and letting her use it for another year means she might not relinquish it. She has a garden she can move things to if she wants to.

I think that too. Perhaps the vendor chickened out of telling Barbara, or just kind of nodded along vaguely when Barbara asked if she could still keep the plot of land after the sale. Barbara sounds a bit feisty, so maybe the vendor was hoping that the OP wouldn’t find out about the plot, or assume it was Barbara’s. Or maybe she simply and cowardly left Barbara for the OP to sort.

Is it just me who can seeing this going to a third thread? I don't see Babs going down without a fight!

@HappiestSleeping I would have bloody well done my due diligence first which the OP clearly hasn't done!
There is zero chance I would have bought a house with land without checking out the land and the garage first! I would (and did) go back for second viewings. I spoke to numerous neighbours, checked out the pub, etc. it's all part of the process of buying a house and so it simply wouldn't have happened!

And if I had found somewhere with a being used allotment then a) I would have damned well known about it long before the sale completed and b) I would have either agreed vacant possession or I would have agreed a date upon which it would have been completed. It's not rocket science!

I think it's right the OP goes through her lawyer if she cares what the neighbours think actually - which I am not saying she should. All she needs to say, if asked, is after moving in we discovered the property wasn't vacant possession and our solicitors advised us on what to do next. Rather than seeming aggressive it can appear just 'part of the process' and arms length to some extent from the OP.

This is the thread of 2024 - legendary.