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.

😂my point exactly!

Good decision OP. Hopefully Babs/Camilla quickly realised she doesn’t have a leg to stand on.

Sorry, I got muddled - it was the garage she didn't know about, right? I just skim read the original thread. Apologies.

I think you have made a very wise decision here. It's all very well sharing but that could turn into a bloody nightmare of epic proportions. Far better to have clear boundaries on what is yours. Barbara can transfer her veggies to her large garden so it's not as if she has no options in that regard. Equally, if its friendship there she enjoys then she can still spend time on friend's allotments/pieces of land cant she?

I cant understand why so many people are so worried about pissing off the neighbours- by that rationale my neighbour could demand the use of my car every weekend and say they'll hate me if I dont agree to it! You cant be emotionally blackmailed into giving up something that belongs to you out of some fear the neighbours wont like it. If this were the case, we'd all be sharing our gardens and spare bedrooms with our neighbours wouldnt we?

If the neighbours do get angry with you on her behalf then if it were me, I'd gently suggest that they share their own land with Babs. I suspect when that is suggested, their concern for Babs will miraculously disappear 😂

I was wondering the same.

There's everything here for a really good TV drama.

I think you sound really reasonable OP, I hope it works out for you without too much rancour.

Very Midsomer Murders.

I have binge-watched TV dramas with weaker storylines than this. Totally invested now.

and well done @YaMuvva . You have made the right decision

Sorry I didn't mean to be so sharp, easy to miss info x

I have a really strong feeling that she (the seller) tried to hide it from the EA and from us in the hope we wouldn’t find out and Babs could keep it

This is probably true but surely all they had to do was formalise it by Babs paying £1 and covering the cost of changing the deeds.

But she could have just transferred the land to Babs. So why would she make everything more difficult? It’s so odd to behave like that.

Good call and the cleanest way to handle it, OP.

Good decision.
Agree that the real villain here is the seller. Although Barbara's first reaction to you turning up does make me wonder if she suspected it might happen.

If I was Barbara, and really believed the 'allotment' was mine I think I would have been as confused as you were turning up to find her there. If she'd been in any way apologetic or cross with the seller (rather than you) you might be more inclined to give her more time.

There's no way I'd let her have it. You might not have known when you first viewed the house, but you asses whether you want to go ahead with the purchase based off searches and surveys. You knew at this point and it informed your decision.

@wutheringkites @WarshipRocinante @YaMuvva

I'm getting the impression that the seller is a real people pleaser, hence letting the neighbours take advantage by using her garage and allotment - I'm guessing she's the type to just kinda take the path of least resistenace, bury her head in the sand and hope it'll all sort itself out in the end!

I think you have the right decision OP.
Like you say Barbara knew the house was for sale and could have put her name down for another allotment.

Years ago I knew a very entitled woman....my god she thought the whole world revolved around her.
I was friendly with her relative who said we are moving house in a couple of years so we have told Sally she will have to come and empty her storage container (stored on my friends land)

A year later I see the container still at the property which is now up for sale.
I asked if Sally has started emptying it....no she hasnt been near but lots of moaning about what was she supposed to do with all that stuff.
She was told well that isnt our problem but we are happy to help you move things.
The property then sold with still a no show from Sally.
The buyer actually knew Sally so he went to her house and said I get the keys next week and I want your stuff gone.

Same week I am at a party and Sally is there saying to everyone how unfair it was that she had put the storage container there years ago and she couldnt believe the new owner had only given her a few days notice to shift it and didnt understand why it couldnt just stay put....all said in a very pathetic voice expecting everyone to feel sorry for her....I was so tempted to say something...

It's not remotely dramatic. He just sensibly asked for some advice from a mate who knows what they're talking about.

Definitely keep it it is your land and it will help your DH with his mental health it's a no brainer to keep it

You are 100% doing the right thing and you absolutely shouldn't feel bad about it. Yes, it's unfortunate for Barbara but she cannot possibly expect to be allowed to keep a plot of land that does not belong to her.

I'm also still struggling to see why Barbara needs the 'sanctuary' of your allotment when she actually has a massive garden attached to her own home. She can sit there and grow as many bloody runner beans and drink as much tea from her Stanley cup as she wants.

Good decision. Don’t let her bamboozle you with adverse possession laws either. She had the tacit consent of the previous owner for the ten years she cultivated the plot - adverse possession refers specifically to land occupied without permission for a period of at least twelve years.

Agree. unfortunately so.

I'm team @YaMuvva ! Disappointing for Barbara, but she knew she didn't own it. B's friend really let her down by not giving her a heads up that she would lose the favor when the property was sold.

Is it possible there is some kind of covenant that means she can’t? The land always has to stay with the house?

anything is possible but not sure what difference it makes?

Fair play OP, your post about going, home tail between your legs made me annoyed on your behalf.
Wishing you and your family a fantastic summer on Your Allotment.
When all is done and dusted rename it Barbara’s Old Plot.