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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
winewolfhowls · 12/04/2024 23:45

Loving the Sean Bean meme, top work.

If I were you OP I would get a ring doorbell set up on the site to protect your interests and prevent any malicious damage to the land (is that possible to have them so remote?)

honeybeetheoneandonly · 13/04/2024 00:08

Oh dear, need a new thread soon. Babs might still go quietly, after a bit of reflection. You both got caught out by surprise. You had just come out the other side of Garagegate and weren't suspecting (Not-an)Allottmentgate so soon and Babs probably got a shock seeing the two of you jealously eyeing up her carroty pride and joy, so got defensive. Although, I'm hoping this will keep going for a few more threads ...before it ultimately dies with a sad lone comment about adverse possession and everyone else losing the will to live/reply.

Mumof3confused · 13/04/2024 00:15

Ask your solicitor about your obligations re insuring the land and whether there’s any issue re public liability if you are allowing someone else to use the land without insurance or any agreement in place. Allotments have to have public liability insurance and are very strict about not allowing non-plot holders to work on the land, unsupervised children etc. If Babs hurts herself on your allotment and you knowingly let her use your land, would you be in trouble? And if so could you use this as an excuse ie ’dear Babs we are so sorry to have to do this to you, as much as we understand how much you enjoy using our land we really don’t have the ability to deal with the huge insurance costs, legal paperwork etc it would require to ensure we are legally covered if something goes wrong. We must insist that you stop using the land, of course we are happy for you to move your shed and crops to your own garden or a new site but we must insist you do not enter our land for any other reason than to clear it from now on. This is to ensure your safety as well as ours. We ask that the removal is completed by X date and anything left after this date will be assumed you no longer want and will
be disposed of’.

Interested in this thread?

Then you might like threads about this subject:

Erdinger · 13/04/2024 00:18

Best decision on how to proceed with Barbara. I’m just sorry that you and your family have had to deal with these fuckers. It really takes the gloss out of buying and moving into a new home. Hoping that you do find some good neighbours there - garage and plot neighbour may be the only loose cannons. Also hoping that you recoup your legal expenses from the vendor , she in effect is responsible for all of this. Her version of being nice to these CF was not being good or fair to you. Keep us posted !

JohnSt1 · 13/04/2024 00:29

Plot twist: Babs and the previous owner claim they never had an arrangement, and there was no permission given to use the plot, so.... adverse possession. 🤣

Erdinger · 13/04/2024 00:34

Cantalever · 12/04/2024 14:43

It will be really stressful for Barbara. Is there no way you could have another plot this season? and at least give her more time to get used to what she will be losing -her sanctuary, plants, shed etc. Give her time. Be kind to her.

Is this for real ? Barbara has always known that plot isn’t hers and that the house was up for sale over a period of six months. Barbara is a CF who had plenty of time to dismantle shed , not grow vegetables on a plot she doesn’t own and stay in her own garden. What about how unfair this whole mess has been for the OP and her family . Not to me ruin the stress and additional legal expenses .

NowThatYoureGone · 13/04/2024 00:38

Which actress is going to have to have enough range to incorporate wanging parsnips? Or a swede? I'd imagine brussels would be thrown like a javelin?
I love Anne Reid but as Barbara is in her 60s it requires someone slightly more youthful (sorry Anne, you were amazing in the film where the young friend of your son seduced you) ❤️
Oh & OP fwiw I think giving 4 weeks is ample time.

Happinessisamyth · 13/04/2024 00:39

NowThatYoureGone · 13/04/2024 00:38

Which actress is going to have to have enough range to incorporate wanging parsnips? Or a swede? I'd imagine brussels would be thrown like a javelin?
I love Anne Reid but as Barbara is in her 60s it requires someone slightly more youthful (sorry Anne, you were amazing in the film where the young friend of your son seduced you) ❤️
Oh & OP fwiw I think giving 4 weeks is ample time.

It's very much a Julie Walters role

RogueFemale · 13/04/2024 00:58

Joanna Lumley 4 Babs.

Confusedmeanderings · 13/04/2024 01:06

Oh yes, I agree - definitely a Julie Walters role.

WearyAuldWumman · 13/04/2024 01:41

The second part of the thread was worth it for this comment alone.

HappyHolidays22 · 13/04/2024 02:54

I am so invested in the outcome of this. I can’t believe how many people feel sorry for Barbara! She’s had 10 good years of free allotment use. Things change - the OP owns the land now, simple as that.

BruceAndNosh · 13/04/2024 03:19

BrownTroutBlues · 12/04/2024 10:35

You are being very fare
On the basis she’s had in excess of 6months to sort herself out and should not have planted anything for this season anyway.
Im sure she knew this was coming.

That's a good point, as the seller was her Very Dear Friend, she knew that someone would eventually come looking for their newly purchased allotment, so she should not have bothered planting for the coming season

Codlingmoths · 13/04/2024 03:43

Rosscameasdoody · 12/04/2024 15:13

I posted upthread about this too. My in laws were allowed to cultivate the top part of their neighbours’ garden for over twenty years, as the neighbour had a huge plot of land and in laws’ garden was only small. When neighbour moved, in laws came home one day to find the part they’d cultivated fenced off and the contents left in their garden. They tried to claim adverse possession but couldn’t because the law regards the property as still in the possession of the original owner if there is an agreement (verbal or otherwise) for a second party to use it.

I don’t think a post dated agreement of ownership would be admissible because there would have been an obligation to declare any such agreement during the sale proceedings as part of the property information disclosure. If they just rock up with an agreement out of the blue I would think that would give the buyer grounds to sue the seller for misinformation and possibly the solicitor for failing to enquire about any existing arrangements on land included in the sale.

Don’t you think your in laws were cheeky fuckers to try to claim it??

Koptforitagain · 13/04/2024 04:32

I wish you well @YaMuvva and I hope you are soon enjoying, to the full, your plot of land.

Ignore the pearl clutching, sanctimonious, high ground types on here. They clearly have nothing better to do than gaze down at you and make puerile comments.

Nanaof1 · 13/04/2024 04:39

Fairyliz · 12/04/2024 19:40

Not quite the same thing.
This is the equivalent of Stacey giving you the car and never driving it ever again. So you have full use of it and have to arrange and pay for mot etc.
Unfortunately Stacey didn’t register the log book with the dvla so when she unfortunately passes away it legally belongs to her next of kin.

And what? In your scenario, the estate should give you the car because you drove it and paid mot?
Heck no! You used it for free, adding wear and tear on the car, all for the price of fuel and mot.
FFS! These threads have brought out the most entitled people I have ever had the misfortune of reading.

CottonCandyLand · 13/04/2024 05:03

Mumof3confused · 13/04/2024 00:15

Ask your solicitor about your obligations re insuring the land and whether there’s any issue re public liability if you are allowing someone else to use the land without insurance or any agreement in place. Allotments have to have public liability insurance and are very strict about not allowing non-plot holders to work on the land, unsupervised children etc. If Babs hurts herself on your allotment and you knowingly let her use your land, would you be in trouble? And if so could you use this as an excuse ie ’dear Babs we are so sorry to have to do this to you, as much as we understand how much you enjoy using our land we really don’t have the ability to deal with the huge insurance costs, legal paperwork etc it would require to ensure we are legally covered if something goes wrong. We must insist that you stop using the land, of course we are happy for you to move your shed and crops to your own garden or a new site but we must insist you do not enter our land for any other reason than to clear it from now on. This is to ensure your safety as well as ours. We ask that the removal is completed by X date and anything left after this date will be assumed you no longer want and will
be disposed of’.

It’s not an allotment

Hippee · 13/04/2024 05:13

YaMuvva · 12/04/2024 19:59

🤣🤣 North Yorkshire but not very far from W Yorkshire

I think you could be quite near me - I'll come over and help man the barricades. I hope that you are right about the legal aspect - my brother had a part of his garden nicked by a neighbour and, although he was in the right, it was too expensive to fight it in court.

wisbech · 13/04/2024 06:52

Following because awesome. Team YaMuvva all the way.

If Babs was a decent person, she would have come round shortly after the sale to discuss that she was using the plot with ex-owner's permission, and discussed next steps. As it is, she is a squatter.

PineappleTime · 13/04/2024 06:59

Caplin · 12/04/2024 22:07

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

That's fair, but did it not occur to you that in 1500+ posts someone else might have already brought that point up?

Nanaof1 · 13/04/2024 07:10

@BMW6 You can't defend the indefensible.

But yet, they keep trying. I wonder how many of them just hand out thousands of pounds to anyone asking. I am betting none, but they love being sanctimonious when it is NOT their property or money being affected.

itsgettingweird · 13/04/2024 07:11

Let's hope Babs doesn't try and use a legal note like the ones the squatters have used on Ramsey restaurant Shock

(Disclaimer I have no idea of the law but have been Shock at the brazenness of them and the fact the laws on their side initially)

MrsLeonFarrell · 13/04/2024 07:19

@YaMuvva I haven't been on mumsnet that long so I don't remember any of the other famous threads. Thank you for starting one I can look back on when I'm an old and grey mumnetter! Plus this thread introduced me to the Classics thread.

Arconialiving · 13/04/2024 07:32

itsgettingweird · 13/04/2024 07:11

Let's hope Babs doesn't try and use a legal note like the ones the squatters have used on Ramsey restaurant Shock

(Disclaimer I have no idea of the law but have been Shock at the brazenness of them and the fact the laws on their side initially)

I know - that's shocking! Im not a GR fan but i hope he's able to get rid of them soon. Terrible the law isn't on his side!

Rosscameasdoody · 13/04/2024 07:32

JohnSt1 · 13/04/2024 00:29

Plot twist: Babs and the previous owner claim they never had an arrangement, and there was no permission given to use the plot, so.... adverse possession. 🤣

Edited

In which case OP would sue the seller for not disclosing that during sale proceedings. Plus both have already admitted that permission was given, and Babs hasn’t been on the land long enough to lodge a claim.

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