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

1000 replies

YaMuvva · 12/04/2024 10:24

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.

OP posts:
Thread gallery
22
Ohwhatfuckeryitistoride · 12/04/2024 17:37

This is going to be an itv comedy/drama isn’t it?

rebeccachoc · 12/04/2024 17:38

When it does get to removing her stuff, I'd ask a friend to record everything you do so you have proof that you didn't damage anything, as I wouldn't put it past her to damage her own stuff to get neighbours on her side.

Also I don't know why she's so attached to this piece of land when you say she has a large garden, that I'm sure that she could set up with fruit and veg with a bit of effort.

I'm with you all the way about asking her to leave and putting the costs in the old owners lap, she clearly tried to deceive you when filling out the form about the garage and land. Good luck!

Puzzledandpissedoff · 12/04/2024 17:41

YaMuvva · 12/04/2024 17:08

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)

Unfortunately there may not be much you can do about that, parsnips or not

As I said earlier, given the attitude you've seen she may be out there already spinning stories about how hateful you are, how you threatened her and god knows what else

Luckily it's the sort of thing which excites gossip for a while but then gets replaced with whatever the latest local scandal is, so unless you're surrounded by real nutters I rather doubt there'll be too much lasting damage with most

Interested in this thread?

Then you might like threads about this subject:

OneFrenchEgg · 12/04/2024 17:41

All those wailing "poor Barbara" on the other thread are bonkers.
It's no different from buying a house with garden and finding the NDN have been allowed to use the garden for years and expect that to continue after the house is sold!

That sort of happened here; we bought the house and a short time later a neighbour knocked and asked if he could continue to use the land for a new driveway - when we checked properly a corner triangle of our garden had been loaned to him and fenced off so we had a weird shape behind all the ivy and rubbish like a rectangle with a corner missing.

We've kind of lived with it, checked last year he still understood it was our land. Thinking we need to resolve it at some point.

takemeawayagain · 12/04/2024 17:42

carerlookingtochangejob · 12/04/2024 16:13

@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!

This is just bizarre. Surely you'd just assume the stuff in the garage belonged to the owner if you saw it and that they'd take it with them, and you'd just think the owner looked after the allotment. How could you possibly know that the owner had all these agreements with other people and that they wouldn't put a stop to them before they moved out?

theholesinmyapologies · 12/04/2024 17:42

I would record ANY conversations/encounters with her quietly until this is resolved, as she's already shown you she's going to try to claim your property. Have your phone on record when you see her.

AngryLikeHades · 12/04/2024 17:42

You're doing it in the best way possible, OP. Hold your head high because you're being responsible and sensitive.

Sahara123 · 12/04/2024 17:43

@BettyBardMacDonald
“Babs is losing the plot” genius !!! 🤣🤣🤣

Bodyshame1980 · 12/04/2024 17:44

Someone tell me there was a Heartbeat episode just like this?

OVienna · 12/04/2024 17:46

godmum56 · 12/04/2024 17:21

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

How can I have missed this? can you pls link.

OVienna · 12/04/2024 17:46

takemeawayagain · 12/04/2024 17:42

This is just bizarre. Surely you'd just assume the stuff in the garage belonged to the owner if you saw it and that they'd take it with them, and you'd just think the owner looked after the allotment. How could you possibly know that the owner had all these agreements with other people and that they wouldn't put a stop to them before they moved out?

totally.

Cherrysoup · 12/04/2024 17:47

How much notice are you giving her, @YaMuvva ?

I totally empathise, she needs to get off and stay off asap.

BlancheSaysYes · 12/04/2024 17:50

When we moved into our house, we discovered the next door neighbour had been using the garage to park his car in. He didn't have permission from the previous owners, the house was empty for a few months while it went to probate. He decided that as the garage was unused, he would use it, and bought a heavy duty padlock for the door. When we moved in, he was completely taken aback and really embarrased, and couldn't move his car out fast enough. There was no discussion needed. He was using our property, and he stopped the minute we took possession, with multiple apologies and a bottle of wine as well.

This is what Barbara should do. She's had a decade of free use of the land.

godmum56 · 12/04/2024 17:50

OVienna · 12/04/2024 17:46

How can I have missed this? can you pls link.

will try

Fairyliz · 12/04/2024 17:55

Well I think I have read all of your posts and tbh I feel for Barbara (no I’m not related)
The previous owner had an allotment she didn’t want so she ‘gave’ it to Barbara. Obviously not properly or legally but lots of people wouldn’t consider the legal aspect. She then in your words ‘ hid’ it from the EA probably because she didn’t see it as hers.
You then viewed the property and were happy to put in an offer without being aware there was a garage or an allotment, so did you get it cheaper than its real value?
During conveyancing you become aware of garage and allotment and whilst legally they are yours; morally I’m sitting on the fence.
You mention your husband’s MH but if gardening is so important why not buy a house with a big garden where you can have a veg patch?
Sorry op but I think you are going to get a bad reputation in the allotment ‘club’.

Pasithean · 12/04/2024 17:59

We have been through similar. If it goes to court you will be referred to mediation first. It’s not easy , no guarantee you will win and horrendously expensive as insurance does not cover it unless they are totally sure they will win. We are tens of thousands in debt now..

Newpancake92 · 12/04/2024 18:00

I was actually shocked some people in the previous thread were calling you selfish for wanting to claim the allotment.
You bought a house and it was part of the deal - it's YOURS.

If I put myself in Barbara's shoes - neighbour allows me to use her allotment and then I know the neighbour sells the house. No way on Earth I'd expect the new owners to just let me keep it.

Newpancake92 · 12/04/2024 18:00

Pasithean · 12/04/2024 17:59

We have been through similar. If it goes to court you will be referred to mediation first. It’s not easy , no guarantee you will win and horrendously expensive as insurance does not cover it unless they are totally sure they will win. We are tens of thousands in debt now..

This is awful, I'm sorry 😔

Anyoneforcoffee · 12/04/2024 18:01

YaMuvva · 12/04/2024 14:52

It was the solicitor who advised that it wouldn’t apply

Adverse possession no longer exists

godmum56 · 12/04/2024 18:01

OVienna · 12/04/2024 17:46

How can I have missed this? can you pls link.

so sorry I can't find it but maybe someone can. It doesn't seem to be in classics

Anyoneforcoffee · 12/04/2024 18:01

YaMuvva · 12/04/2024 14:52

It was the solicitor who advised that it wouldn’t apply

Adverse possession no longer exists

HappiestSleeping · 12/04/2024 18:02

Fairyliz · 12/04/2024 17:55

Well I think I have read all of your posts and tbh I feel for Barbara (no I’m not related)
The previous owner had an allotment she didn’t want so she ‘gave’ it to Barbara. Obviously not properly or legally but lots of people wouldn’t consider the legal aspect. She then in your words ‘ hid’ it from the EA probably because she didn’t see it as hers.
You then viewed the property and were happy to put in an offer without being aware there was a garage or an allotment, so did you get it cheaper than its real value?
During conveyancing you become aware of garage and allotment and whilst legally they are yours; morally I’m sitting on the fence.
You mention your husband’s MH but if gardening is so important why not buy a house with a big garden where you can have a veg patch?
Sorry op but I think you are going to get a bad reputation in the allotment ‘club’.

lots of people wouldn’t consider the legal aspect.

More fool them then. If someone gave me a car, I'd certainly want the log book that goes with it. Preferably with my name on it.

Devonshiregal · 12/04/2024 18:03

YaMuvva · 12/04/2024 10:24

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.

How come your pc mate thinks this is ok when it’s an allotment but when someone is squatting in a house you have to spend months or years going through lengthy legal shit just to get your own property back? Genuine question if he or anyone knows the answer?

akkakk · 12/04/2024 18:05

Fairyliz · 12/04/2024 17:55

Well I think I have read all of your posts and tbh I feel for Barbara (no I’m not related)
The previous owner had an allotment she didn’t want so she ‘gave’ it to Barbara. Obviously not properly or legally but lots of people wouldn’t consider the legal aspect. She then in your words ‘ hid’ it from the EA probably because she didn’t see it as hers.
You then viewed the property and were happy to put in an offer without being aware there was a garage or an allotment, so did you get it cheaper than its real value?
During conveyancing you become aware of garage and allotment and whilst legally they are yours; morally I’m sitting on the fence.
You mention your husband’s MH but if gardening is so important why not buy a house with a big garden where you can have a veg patch?
Sorry op but I think you are going to get a bad reputation in the allotment ‘club’.

Some folks will really bend over backwards to support someone who has taken advantage of the previous owner (she could have paid market price for the land) and now plans to be abusive to get her way with the OP

when it comes to the moral judgement there really is no need to sit on a fence - there is a clear side to be - OP has paid for and bought the land - the land belongs to OP - OP plans to reclaim the land - not complicated...

Barbara has been abusive and threatening but has no legal basis for any of that, she is completely in the wrong...

the seller is also in the wrong - she will have sold the property as having vacant possession, but then failed to ensure that happened...

between the seller and Barbara they can resolve any loss of value to Barbara - but they need to do so from Barbara's back garden, not OP's plot

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