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.

How do allotment owners feel about people stealing someone else’s land? Because that’s what has happened here. I think Barbara has a brass neck for trying to intimidate the actual owners of the land from using it.

Surely Rupert Everett is the obvious choice for Babs?!

I am in Yorkshire
I will bring my own trowel. I wont use it as I am shit at gardening but I will bring one.
Can DH come? He loves to measure things and would wander around happily for hours with a tape measure. He also might mutter about "proper drainage" as this is apparently VERY IMPORTANT

This comment is perfection 😂

So you actually think if someone buys a house they don’t have a right to have what they paid for?!? Batshit beyond belief.
OP, go buy a couple of goats and put them on the land.

On what legal basis do you think OP will lose? I'd love to know, because it's not the same scenario as a disputed garden wall though. OP is the clear owner of this parcel of land. It is part of her title deeds for her property and is now registered as such. That null and voids any verbal agreement with the old owner. Babs is trespassing. How will OP lose exactly?

THIS 100%. She knew and was waiting to see if she would be rumbled, the whole “I will fight for it” was premeditated. Babs should have put her big girl dungarees on and introduced herself and the situation when OP moved in.

Any way, as a fellow Yorkshire lass the Ops comments on this thread have had me in stitches. Can I come to the party please? I will bring potted meat sandwiches and Parkin.

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

Yes, Elderly Korean lady needs to be sat in the background, in a deckchair, watching as the shed is dissembled.

I don't feel sorry for Babs. She enjoyed the privilege of having a free allotment for 10 years. She must have known that it would oneday come to an end. She needs to just bow out gracefully and let you enjoy your newly purchased property in its entirety.

She'll probably bag up her tools and leave Sue and Malcolm to the runner beans.
Poor Malcolm sounds like he needs a sit down near a shed.

She will not loose, but it will take well over a year to resolve, a lot of stress and money.
I never said she would loose.

Old people can be very belligerent and happy to fight it out, Babs might also have lots of spare ££.

I said, just move on and take it back, then the onus is on Babs, the OP would have the ability to use it.

Did you read my post?

And we're quaking in our boots!😁

Apologies, I missed the bit where you said 'most of this year'. But why would it take that long? On what basis can Babs challenge ownership? Because that's what it boils down to. She doesn't own it, OP does, and right now she's trespassing and they have every right to go on the land and reclaim full possession.

Enjoyed read through this all this morning! Babs has had a free ride for 10 years, she's knows full well this allotment/land isn't hers and I suspect the previous owner was hoping you'd never never stumble across the CF sitting in her chair surveying fruits of her labour.. she's likely to put up a fight, ultimately she'll lose but I suspect she has time on her hands to cause some real trouble.

To be fair, Barbara does deserve to get the fruits of her labour. Sue and Malcolm should let her have her produce, at least.

Yep and most of it will be adverse possession might apply, let her be there this year and be kind to Barbara because she has MH or allotments are rented by the council!

It could and probably will take a year if she chooses to fight it out. Solicitors will have a lovely time writing letters and investigating..it's a massive cash cow.

It's like getting divorced, every letter costs you £250, when they read the other parties letters that's also £150, every minuet is costed. They won't get out all the plans, deeds etc for free. So it quickly adds up.
My friend with the garden wall, she won, still cost her 40K. Her home insurance wouldn't touch it (too expensive) He solicitor and surveyor ducked out of responsibility.
You couldn't even make it up. They were arguing over a strip of land, not the actual wall. (and only about 50cm!! the length of the boundary.) The plans showed it to be hers, but the plans are very wooly in old houses. Proving the exact placement is very difficult.

Obviously it different with a parcel of land, but it will still be costly and could be dragged out, unless Babs backs down.

On what grounds would Barb argue that it was hers?

Honestly,what a load of old toot.

oh dear, what a mess. Why would borrow someone else’s anything … and expect that you could keep it? Makes no sense!

By that logic no one should bother posting anything. Not sure why people are being such dicks to @Caplin

Had it been noted that Babs has been planting since she knew the house had been sold? Sorry but I’ve no sympathy for her ruined parsnips - they can’t have been in the ground that long.

to me it does read like the OP has moved into a street full of piss takers. I’d not worry about not being friendly with people who take from others without any shame. Not to offer rent for a garage or allotment- these aren’t people who you could expect to help you out anyway.

This is brilliant! I think Toby Jones should be in the TV adaptation at some point?

Also just wanted to give a shout out to my fellow Betty @BettyBardMacDonald plus Betty fan @viques. I hope there are plenty of onions being grown on that allotment to put in the stew……😀

Good luck @YaMuvva and especially to your DH who sounds like he really needs this allotment.

Well....(and for all the people talking about adverse possession) the nearest you have to Barbara's admission is that the owner signed a contract saying you'd get vacant possession. You presumably didnt record either the conversation with Seller Sally or Babs the land grabber. Cant think how Babs would get away with saying the owner didnt know and didnt give permission when this a small village setting but she could try.

Seller Sally did a good thing and Babs is now making her suffer for it and will make Sally suffer more if Babs tries to fight you. Maybe if that was pointed out to Babs she'd stop being a CF.

I'm not Babs (or a land thief) she already said she'll fight it. So who knows...

Point still stands, Op needs to take it back asap. Clearest way to show Babs the future. Also the cheapest way.