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.

Reminds me of the Mexican House Thief thread in classics, where one (deluded) poster suggested the OP should gift the holiday house to the cheeky fuckers who were using it illegally.

Good luck OP. I’d also offer to help Barbara dig up her stuff to both keep her as sweet as you can and to keep an eye on her as you don’t want her sabotaging the plot in some way.

Yes, agree, it's one thing getting Barbara to vacate, but really it was down to the vendor to sort and pay for all this, so you will need expenses covered.

Anyway, I think it's a good plan and a good decision. Good luck!

I would presume that since your conversation with babs that she has also been thinking about the situation and will hopefully have come to the same conclusion as you and realised that the property is not hers and never has been. Maybe you should try just one more time to have a conversation with her and if she still has the same opinion then go ahead with the solicitors letter. Then she will realise that you are not fucking around.

I wonder if she’s going to offer for you to buy her shed and plants as it’s easier that removing everything - if she’s really cheeky it will be at a highly inflated cost!

Obviously I agree that you should reclaim the allotment but I think people are being too harsh towards Barbara. No one knows exactly what she was told. The owner might have said "oh, you can have my allotment, I don't use it" so she's been under the impression it was a gift. Obviously this isn't necessarily a legally binding transfer of ownership but I don't feel she's a CF, just labouring under a misunderstanding.

So happy to hear of your plan, OP.

Barbara has her own home garden and plenty of time yet this spring to plant.

You'll have so much fun planning your plot, purchasing a nice shed or greenhouse and establishing your plants. Thrilled for you, your DH and kids.

Please keep us updated on this fascinating situation.

You might also want to get a trail cam so you can watch for any vandalism.

I hope the vendor has to reimburse you for any solicitors fees.

You are 100% to make it as clear as possible. Any of the other options leave things too blurry around the edges.

You are absolutely not being selfish. Really good plan and wouldn't it be lovely to see a photograph of your DH happily ensconced in the new vegetable patch in a couple of months time, he so deserves it and Babs do does not ....

I agree with your short timescale OP - all you will be doing by giving her months is kicking the down the road. 4 weeks more than enough after which you can crack on with enforcement if she's being difficult. Couldn't believe some of the batshit replies on your last thread with people criticising you for wanting to use YOUR OWN LAND 😂

Shamelessly commenting purely to see the updates rolling in.
Go Op! You deserve to use the land you own. She is a proper CF

Glad you have a plan.

Exactly.

Two weeks is more than enough to move her herbs and find someone to dismantle the shed. It all could be accomplished this weekend. May 1 would be an extremely generous concession.

Very disappointed OP that you didn't give more consideration to the suggestions of giving her the land, your tomatoes and for short bursts of time your children. So selfish of you.

But if you read the initial op of the other thread, Barbara didn’t say ‘this used to belong to number 8 but it’s mine now’ or ‘the previous owner gave it to me,’ she said ‘the previous owner let me use it,’ and her argument for why she should continue with be allowed to use it is that it’s her sanctuary and she paid for the shed, not that property rights have been transferred to her.

I would not want her nasty shed with bad vibes. Let her deal with it; she can sell or give it away. I'd want to select and configure my own shed, as a family, for a fresh fun start.

Well I deleted my MN account a while back and retuned as a lurker but this thread has inspired me to re-join!

I had visions of “it’s not an allotment” becoming the new national catchphrase, printed on T-shirts like “what would Jesus do?”

Barbara is a CF, as is the seller, no doubt about it. Maybe all those concerned for her wellbeing could start a Go Fund Me campaign so she can have her own bit of land.

Really hope it’s resolved quickly for you OP.

@BettyBardMacDonald Sorry ,small thread hijack, I was poorly sick the other week and took to my bed to re read The Plague and I to remind myself both that I wasn’t that ill and to enjoy Betty’s hilarious prose again.

No one is naive enough to believe they have been given a large and valuable plot of land at no charge and with zero doubt.

In 10 years, do you think she hasn't talked with other plot owners there about the legal status of their property, and how it is tied to the deeds of their house?

She knew.

Plus her reaction wasn't 'Oh, this sounds like it might be a bit of a muddle; shall we sit down and see if we can sort it out', it was 'If you want it you'll have to fight me for it.'
Yes, the buck stops with the previous owner, but Barbara being adversarial about it hasn't helped.

And even if she didn't, the old adage applies that if something sounds too good to be true it probably is...

Read the first thread. I can't believe the brass neck of her. Buy her some polish as a leaving gift.

Good for you and I wish you all the best.

@viques She's great, isn't she? What a wit.

Your approach sounds a sensible one. I wonder when the previous owner is contacted by your solicitors if she may exert some pressure on Barbara to leave quietly, if the alternative is that she incurs a lot of legal costs due to her failure to give you vacant possession?