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.

As I said in my OP, it means that we wouldn’t be able to have a sunny day in our allotment for a whole year. We aren’t exactly spring chickens ourselves, we want to enjoy our lives.

Hoping you're over at Barbara's and she's a bit calmer after sleeping on it

Loving the idea of a MN Allotment party...! 🥂🥦🍹🥔🍻🌽🍷

When we spoke last night about worst case scenarios we considered helping Barbara move her stuff out but if she’s a troublemaker (she’s already shown signs of being a trouble maker so it’s not a total reach) she may tell people we stormed in and pulled her plants out in front of her very eyes (as we cackled and threw them at her - I’m maybe getting carried away 🤣). It does seem like this street in particular is one of those streets that is so neighbourly it’s creepy and whilst I really don’t give a shit about being popular I’d rather not be known as the village middle aged woman assualter (weapon of choice: parsnips)

That’s the one. Some random woman and her horses were in her field and took some convincing to leave. There was going to be a MN festival on the site when she did go!

Hi OP
Barbara can not claim adverse possession as she is there by permission of the land owner. You are now withdrawing the permission and should give her reasonable notice so she can remove her items from your land. Once permission has been removed she becomes a trespasser and you are entitled to mitigate that trespass by removing her items as long as you avoid unnecessary damage. Legally as speaking the land will be a detached part of your domestic hereditament, not within your main curtilage, effectively a detached garden. Stuck to your guns and claim it back.

It's a shame you're in Yorkshire and not Wales, because I'd willingly offer Barbara the use of my veggie patch as long as she gave me the odd lettuce.

Well done you. Where should I send your medal?

This

Does Babs have a local power base - town council, Neighbourhood Watch, bin monitor?

If any of the pro-Barbara posters aren't driving their car right now, may I borrow it for 10 years?

Indeed. Also has to be fully enclosed (haven't RTFT so someone else might have said that). I know because I had to use Adverse Possession for my own land after finding out somehow a new owner of adjoining land had managed to register some of my land as theirs. It was their error and there was no challenge, just so happened AP was the easiest route to resolve it because of all of the evidence I had it was indeed mine.

In a couple of years this is going to used as proof you've been around a while.

Name changed for this but been around ages penis beaker, Sistine chapel, Babs the mad allotment squatter.

And this woman has KNOWN the previous owner was selling and the plot was part of the sale. She has been plotting all along with her own “scenarios”
Good for you taking charge, plan looks like a good one.

As to “Sanctuary” - raspberry to that, her sentiments are irrelevant & she can find a new hobby.

you forgot the stables gate blocker who got blocked in with a teddy bear camping party

Bloody loved that one.

Brian from Hull. Cancel the cheque

You can have mine. It would be colonial to refuse.

oh goodness yes, forgot those

Your insurers/lawyers may not be happy about this being on a public forum just in case that is useful info!

Oh god probably. I’m scared to google her.

Every time I see a Ford Ranger, I inwardly laugh about that thread.

@YaMuvva I'm Yorkshire way, I'll come and be part of a human shield protecting your allotment 24/7 🤣

I still think how you treat 'Barbara' is different from your being sold a property with deception, and the seller should face consequences. A criminal offence was committed, and whilst you may not want to see an older person in the dock, I think you should be seeking some money back. Even if you then donate it to charity.

why - there is nothing in here that would prejudice anything - we still live in a society where you are allowed to talk to people ;)

I agree. It’s not like it’s going to go in front of a jury.