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'm in Kent - can I still come please??!!

Good point.
Yorkshire is always portrayed as grim in popular culture
All the characters will be overly-Yorkshire and will say things like ‘ecky thump’ and ‘wazzock’. A cockney will be cast with a terrible Yorkshire accent. Or an American (think Anne Hathaway’s god awful Yorkshire accent in one day)

Maybe Babs will realise she is being an unreasonable squatter .

I pleased you posted that as you’re definitely the first person to.

When your landlord sells the house you’re living in, you don’t get to continue living in it. You have to vacate the property so the new owner can move in. I’m not sure what part of this situation people don’t understand?

If the previous owner wanted Barbara to have the land, she could have sold her it. Or even given her it and got a solicitor to handle the exchange. But she didn’t. She sold it to OP. So now it’s OP’s land. OP just has to evict Barbara through legal channels like any other squatter.

Yes it’s a shame for Barbara, but frankly it’s tough. She presumably knew the property was being sold and had the opportunity to purchase it, or ask her friend to transfer it to her legally. But she didn’t.

OP you are absolutely not in the wrong for expecting to have sole use of things you own. It’s insane that people think you should just hand over your possessions to a stranger! Following with interest to see how this is resolved!

They'll have a loft of pigeons, some ferrets and a whippet or two as well.

I mean, it wouldn’t change the fact that we own the land so I’d be a bit bashful but I’d get over it. I post knowing ANYONE could be on MN.

Absolutely!

This thread just gets better with every post.
In a few years time it will ''crop'' up as one of those ..... Do you remember Barbara with the bean sprouts allotment?
I'm loving how this is ''growing'' so quickly 😁

@Iamtheoneinten sounds like we can both make it to the allotment reclaiming party!

And everyone will wear a flat cap and tweed.

This is a helpful article which uses allotments as an example https://www.johnantell.co.uk/adverse-possession-of-land

Haven't read the full threads but I've read all op's posts.

It's totally op's land/garage and the old house owner should have told Barbara and Garage guy that herself when she sold the house. I agree if op wants the allotment, it's fair enough to kick Barbara off.

The only thing is I would offer for Barbara to come and dismantle her shed and dig up any herbs and fruit that she wants to transplant elsewhere. It's probably not possible to do that with root veg but I'd give her the chance to take anything that's she's planted and definitely let her take the shed if she wants it.

OP, I think you should have a drink every time someone mentions adverse possession 😁

You really need to read the full thread. If not filter OPs posts and read those. Adverse possession has been done to death

Can the thread theme tune be the Poddington Peas title music?

Any action you end up physically taking yourself (eg removing her stuff and returning it), I’d make really sure you video the removal and return of it.

Barbara has already shown that she doesn’t care about the law. She could easily lie and say you broke stuff or stole it etc.

A bouquet of barbed wire?

Haven’t got time in my life to go through two full threads!

Wow! I just read your post on this thread!

The allotment would be unusable for almost a YEAR if they let Babs stay "for the season".
As another poster mentioned, You buy a new house and when you move in, someone is sleeping in the loft because the old owner let them stay there for the last ten years. Would you let them stay there for the next nine months or more so you don't "hurt their feelings"? Perhaps buy them their own house?

Babs KNEW the house was being sold. She's trying and going to ultimately fail, to put one over on the OP and her DH.

A vindictive ex Tennant could easily contaminate the land with anything. So taking samples IF something. Was to happen is wise.

ditto photos and measurements.

we’ve all see the wars where neighbours have poisoned unwanted trees and what not.

I’d end up in hospital having my stomach pumped!

The OP was sarcastic.
it has been mentioned many times.
her solicitors advised her that adverse possession does not apply

Then don't post advice which has already been covered extensively? You just make yourself look dim.