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.

Do you have any local allies OP? I'd be going for coffees/lunches all I could and speaking about how your DH will really benefit from this due to the tough time he's had (no need for much detail here). Make people sympathise with him/you rather than Barbara, sort of thing. This could help long-term in terms of reputational damage....

Good update. I would definitely be proceeding with the air of one who is behaving in the only way a reasonable human being could be expected to - don’t even be slightly apologetic about reclaiming what is rightfully yours. It’s the fault of the seller and any anger should be directed her way.

I'd send her a letter, explaining you paid for the house with a plot, as it will be beneficial for your H's health. It now belongs to you. It's unfortunate that her friend didn't tell her it was being sold. But anyway you will be starting to plant etc as of x date. She needs to remove her belongings. If she doesn't, you will be delivering them to her.
You offer to buy the shed, if she doesn't want to sell it, she will have to remove it. Or it will be delivered in planks also.
If she doesn't go quietly, then you send solicitor's letter.
You could mention you have the deeds & she is unlawfully sitting on your kand

Well done OP! I hope she sees sense and doesn't put up a fight.

I think Babs is probably all talk.
No one has ever stood up to her before and she won't have a plan for the next stage. She's too fiery and hot headed to be strategic.
I think it will be easy to out maneuver her and she will fold quickly.

Anyone who thinks ill of me for taking possession of valuable property I OWN is not someone whose opinion I'd be bothered about.

As we said yesterday, those who feel adamant that Barbara needs a plot (other than her spacious home garden) can donate part of theirs.

It's fine as plans go OP. But I would urge you to go visit Barbara and tell her that you really want an allotment and this one is most definitely yours and you want to get started on using it as soon as possible. That you understand she's invested huge amounts of time and money in this plot but ultimately you want to use it and its an important thing for you. Ask her what would work for her in terms of exit.

The reason to do this is that you don't want your allotment destroyed on a regular basis (people can damage them easily) and also you don't ultimately need to live near her. So asking her to come up with suggestions around leaving the allotment ie the how rather than the what may surface a few good ideas from her at best and at worst at least helps her prepare for the letter

BettyBardMacDonald I agree in general but it is easier to make sure people understand the situation correctly if they're not ONLY hearing from Woe-is-me Barbara.

Excellent Plan, Good luck OP

Fingers and toes crossed for the battle of the babs

Good plan

Wtf

Please take a thermos and a couple of deck chairs and sit yourself down next to Babs.

Sounds like you made a good decision based on the facts. I hope that she doesn't fight you and it goes smoothly.

Good. Post more updates on this matter afterwards OP.

Glad you've made a decision yourehappy with...

Ive never been this invested in someone elses allotment 😅😅

A few herbs and root veg doesn't sound like "huge amount of time and money" on Babs part. She probably uses it more as a social area. Let her move her chair to someone else's plot.

I am way too invested in this thread!!

Sounds like a good plan OP. Hopefully it all goes smoothly and without drama and your DH can get started on his allotment.

I would suggest you record your call to 101 because (from experience) things are often not communicated to the local response officers who might turn up if she calls 999 to say you are stealing/ intimidating her etc. Also video everything if you end up having to remove her stuff if she refuses to do so. Pics before and after in case she alleges damage.
Copy of all your documents of ownership and solicitor’s letter telling her she is in trespass all ready to hand to show police if they arrive.
Have recently been through a battle with a mad neighbour and these things helped me.

You have to get them off the land asap.

I have name changed as this is terribly outing but when my parents bought a property the neighbour used the bottom bit as their allotment. Dad was told "oh don't kick them off, x has used it for ages etc etc". He gave them six months and then put up a barrier so the neighbour could no longer access it. The neighbour went nuts but dad would not budge and it's rather a good thing.

Turns out that basically the neighbour, along with others around the bottom of the garden were a couple of months from being able to claim squatters rights to the land which they had every intention of doing so they could build a house down there. It was best part of a quarter of an acre they could have stolen in a very expensive suburb.

When buying properties myself now anything do with boundaries, access and all associated issues are an absolute first thing now and I just won't consider any properties where there are any issues or friendly agreements at all.

Hope it all goes well. Like I said on the previous thread, keep a close eye on your allotment. I always think the worse, so I would worry about her sabotaging your new plants

Just catching up, but ref the sale, albeit you're not selling, but if you did you'd have to have agreement from the mortgage company (if you have one!) as it's revaluing the property they're lending money on

When buying properties myself now anything do with boundaries, access and all associated issues are an absolute first thing now and I just won't consider any properties where there are any issues or friendly agreements at all

Same here, KingKongsSong, ditto any obvious parking problems, shared maintenance issues and so on

You'd have appreciated the mess at the place my late, exPIL's inherited though - it had a huge garden, several parts of which had been given away "on a handshake" as they called it then, and all of which they knew nothing about

Endless angst sorting that one out ...

Good luck! Hope it goes smoothly

Why on earth has he emailed his police friend ! Dramatic much