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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
dapsnotplimsolls · 13/04/2024 12:42

We need to fill this one up, the next thread is already being used.

dapsnotplimsolls · 13/04/2024 12:43

Carrots.

dapsnotplimsolls · 13/04/2024 12:43

Aubergines.

Interested in this thread?

Then you might like threads about this subject:

Allofaflutter · 13/04/2024 12:43

viques · 13/04/2024 12:38

OP is out walking today ( previous post info, not stalking)

Yes I was deeply disappointed to find out later that OP wasn’t in her deckchair with a flask. Deeply. I mean why not? 😂

Runningupthecurtains · 13/04/2024 12:45

MrsWhattery · 13/04/2024 12:39

What are the risks?

IMO if someone’s actually within your four walls including overnight, there’s much more impact on you having them in your space, more danger to you if they are aggressive, you could have things stolen from your home etc.

Someone hijacking your allotment is still legally not OK but less risk to you.

But where do you draw the line? No 'risk' to me if someone steals my car so it that OK?
No risk to me if the neighbours hop over the fence and plant a veg patch in the middle of my lawn so is that OK?

Redshoeblueshoe · 13/04/2024 12:45

Basil

Nonewclothes2024 · 13/04/2024 12:46

Is there a link to part 3 ?

dapsnotplimsolls · 13/04/2024 12:46

Parsnips.

Nonewclothes2024 · 13/04/2024 12:46

Ignore me. Just found it.

dapsnotplimsolls · 13/04/2024 12:46

Adverse possession.

Rosscameasdoody · 13/04/2024 12:50

dapsnotplimsolls · 13/04/2024 12:46

Adverse possession.

What about it ? Done to death upthread. Not applicable here. Babs had permission to use the plot from the previous owner - the principle of law behind adverse possession has to be that the land is being used without the owners’ knowledge/permission. Solicitor has already advised OP it doesn’t apply and Babs has no basis for a claim.

Rosscameasdoody · 13/04/2024 12:52

Allofaflutter · 13/04/2024 12:43

Yes I was deeply disappointed to find out later that OP wasn’t in her deckchair with a flask. Deeply. I mean why not? 😂

Presumably because she has more going on in her life than the people addicted to the thread - myself included !!

MrsWhattery · 13/04/2024 12:54

But where do you draw the line? No 'risk' to me if someone steals my car so it that OK?
No risk to me if the neighbours hop over the fence and plant a veg patch in the middle of my lawn so is that OK?

You draw the line where it works for you. Passer-by taking a cutting, I’m guessing you wouldn’t call your lawyer/the police. Everyone has their lines, and also, there are other things to take into account, like whether you’ll piss off the neighbours or make an enemy of someone who could be an ally.

I didn’t say anything that isn’t a personal risk is ok. I was reacting to someone saying you wouldn’t be ok with buying a new house to find someone sleeping in the loft. I’m just pointing out that’s very different and not comparable.

dapsnotplimsolls · 13/04/2024 12:55

Rosscameasdoody · 13/04/2024 12:50

What about it ? Done to death upthread. Not applicable here. Babs had permission to use the plot from the previous owner - the principle of law behind adverse possession has to be that the land is being used without the owners’ knowledge/permission. Solicitor has already advised OP it doesn’t apply and Babs has no basis for a claim.

I was just filling up the thread. I'm aware it's been mentioned 400 times.

MrsWhattery · 13/04/2024 12:55

(Well ok it’s obviously comparable- but much worse)

MrsWhattery · 13/04/2024 12:56

I laughed daps!

Rosscameasdoody · 13/04/2024 12:57

Nanny0gg · 13/04/2024 12:14

There needs to be some evidence which surely would have come up in the searches?

Yep. Somewhere upthread OP says solicitor gave her relevant paperwork. I think the EA maybe wasn’t aware of the plot of land attached to the sale, but the solicitor would likely have found it during the searches.

slippedonabanana · 13/04/2024 12:57

I'd really like to see a diagram, complete with dimensions, of this group of not-allotment plots. What size are we talking, part of an acre each or just a few feet?

Rosscameasdoody · 13/04/2024 12:58

dapsnotplimsolls · 13/04/2024 12:55

I was just filling up the thread. I'm aware it's been mentioned 400 times.

Apologies, misunderstood.🤣

And in the same spirit. Adverse Possession !!

BillStickersWillBeProsocuted · 13/04/2024 12:59

Allofaflutter · 13/04/2024 12:43

Yes I was deeply disappointed to find out later that OP wasn’t in her deckchair with a flask. Deeply. I mean why not? 😂

I'm not sure if we know where OPs walking to, or what she intends to do when she gets there! 😁

dapsnotplimsolls · 13/04/2024 12:59

No

dapsnotplimsolls · 13/04/2024 12:59

problem

Rosscameasdoody · 13/04/2024 12:59

Very disappointed that nobody elaborated on Monty Don in drag, as Babs !!

Nanaof1 · 13/04/2024 13:01

@YaMuvva You need to start another thread. I do hope you will keep us informed as things progress, and hopefully, improve for you and your DH.
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