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 agree, Julie Walters would suit 'Barbara' very well.

Still think the seller should be sued. Wonder if the friendly policeman could offer any insight re my suggestion of obtaining money by deception?

OP clearly loving the drama and her short term MN fame.

I'm on the ' let her stay until end of growing season '. You've spoken to the women once. God knows what's she's been told.

That piece Of land has been clearly cherished. And the only way you could be planning on cultivating it is because of her effort. I took over my allotment at a similar time of year and managed a small plot due to how over grown it was. Normally allotments come with lots of hard back breaking work to prepare them for growing season - have you even got any seeds in yet? You say you have a big garden. Enjoy that for this summer.

As an allotment owner I can guarantee you the allotment community will have sympathy for incumbent. They are very sociable places - people help each other out. Kindred spirits shall we say? Don't be THAT person with a mean / cruel spirit.

Unfortunately I suspect you will be. This whole 'whose going to play who' in the film..... grow up - you come across as very shallow.

Well, that's us told. 🙄

Oh, behave.

No, l don’t. They maintained it for over twenty years at their own expense and with no further input from old neighbour. The new neighbour clearly knew the law - didn’t even discuss the issue with them and waited until they were away before packing up their stuff and fencing it off. I think he could have handled it better. In laws didn’t realise that having permission to use the land negated any claim for adverse possession until they took legal advice, after which they dropped it. I don’t blame them for trying.

What I’ve gleaned from these posts is that there is a very vocal contingent of the population who think that thieves have rights. Someone steals your car? Aw well, your fault for not using it when you were away on holiday and, just think, they may have mental health issues. So unfair, you should work out a way to share it…

I am now actually quite stunned that the OP had the cheek to believe that if you’ve bought and paid for something it’s yours…

She knew the plot belonged to the house, she knew it was up for sale for 9 months, she then knew it had been sold for another 3 months. She had a year to prepare and decide how she would deal with the situation. Her decision was to replant the plot without consulting the new owners and then tell them expect a fight if they wanted it back.

OP owes her nothing

Also as others have said, as she's clearly so bolshy I think it's likely she's annoyed a few other allotment owners. I reckon it's 50/50 they'll be glad to see the back of her

Think you'll find Babs is off having a cheeky voddy and a fag before she returns to chain herself to the apple tree OP. Good luck! 👩🏼‍🌾🥦🥕

Someone threatened my allotment. http://www.mumsnet.com/Talk/amiibeingunreasonable/5048598-someone-threatened-my-allotment

How can OP "get any seeds in yet" if Babs' "cherished" garden is there?

PS: I've cast Brenda Blethyn as Babs for my tasteful and moving indie movie.

It’s not an allotment. It’s a parcel of land that came with the house OP bought. It’s her own property and nothing to do with any ‘allotment community’. It’s not mean spirited to expect to have access to, and use your own land. I think you’re the one who needs to grow up - or at least keep up.

This has got Channel 5 drama written all over it. Samantha Bond as Babs, Jill Halfpenny as OP, Lee Ingleby as OP’s husband, Neil Morrissey as garage hoarder and Wendy Craig in a surprise return TV cameo as old owner.

I’m frantically googling to see if I can work it out. Unless it is just Harrogate in which case I’ll come and sit in a garden chair by the plot with a thermos this afternoon 😂 I can bring a big dog with me. He’s very friendly but looks scary (black German shepherd).

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

Good point. What if Babs has a fall and breaks her leg on the notallotment land? She could sue the OP for not maintaining it.

Also yes to Samantha Bond as Babs - right age range. Unfortunately Joanna Lumley and Julie Walters are too old now.

As an allotment owner I can guarantee you the allotment community will have sympathy for incumbent. They are very sociable places - people help each other out. Kindred spirits shall we say? Don't be THAT person with a mean / cruel spirit.

Even if it were an allotment in the conventional sense - if you turned up to yours tomorrow and found a person you didn’t know making themselves at home there with some tea, having done their season’s planting on land that was yours to cultivate - you would genuinely say, “That’s alright then, you have it for now, it’s mine come October though”? I can’t imagine anyone on an allotment would be on board with squatting in their community.

I wonder how Sue Cleaver and Malcolm Hebden are this morning?
Has Barbara/Samantha Bond planted land mines yet?

You ARE spring chickens so could actually afford to give Babs a notice period.

Barbara obviously knew the house and therefore the land was up for sale. If she wanted the land/allotment then she should have made arrangements to buy it from the previous owner. She didn't. She also wasn't renting it either. Barbs sounds like a CF FOR SURE. Don't stand for that. Give some people an inch and they'll take a mile (just like Garage Man) Get her off your land! Enjoy it yourselves.

You say you have a big garden. Enjoy that for this summer

Barbara has her own big garden. I seem to recall that 'huge' was OP's description, as she’s in a neighbouring house. Why can't Barbara plant it up and enjoy that for the summer?

PS. Elderly Korean Lady must have a part somewhere in the film. Non-speaking if necessary, but still.

Ooooooo Skipton? Selby? Harrogate?

I’m thinking nearer Harrogate, Bettys was mentioned

I see you have decided to go through legal channels. I think you will loose most of this year and could potentially cost you TENS of thousands of pounds. My friend had a legal bill for £40K disputing a garden wall. Yes you would expect that the solicitor or surveyor should have been liable...they were not.

It's one of the most expensive legal fights, along with contesting a will.

I would just move on, start work and that in itself will force her off.
Just as you would if she was sitting in your garden!
Don't worry about neighbours hating you, Yorkshire folk are not known for giving things away, especially land.

I think Maggie Smith could play @BotDranning

She could be outside with a placard about "We stand with Babs!"

🤣🤣

This. Why waste your time and money? Start digging and enjoy! It's literally your land. It's yours. I wouldn't waste £20 on this woman.

@umberelladay I can see that being a concern but this is much less complex. Essentially, Barbs is now using land that is not hers without permission of the owners. If she takes advice she will find that this is the case. If she’s spent money on the plot after the house went up for sale then she is a fool but it has no bearing on the rights of the on the rights of the owners. A polite legal letter to give notice to remove any personal effects may be all it needs.

If she doesn’t remove herself after that, then OP and family are within their rights to simply take possession of the land and remove anything they don’t want (the shed for example unless it’s been concreted/attached to the land; although I am pretty sure they can keep all the plants as they are ‘part of the land’).

And, as OP has said previously - this woman actually has a garden attached to her home where she can relocate her stuff and build a new veggie patch if she really wants one. In fact, I’m bemused that this isn’t what she did ten years ago!!