Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Chat

Join the discussion and chat with other Mumsnetters about everyday life, relationships and parenting.

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
MathiasBroucek · 12/04/2024 14:40

You are sooooo doing the right thing. And I've admired how you've ignored some of the deranged commentary on this forum!

Rosscameasdoody · 12/04/2024 14:41

TheCountessofFitzdotterel · 12/04/2024 14:36

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

Yep, this. You’d hope that this would have been highlighted during conveyancing, so might be worth checking the deeds of sale/land registry entry because that might make removing her an easier process. In any event, if you have problems removing her and incur legal fees, I’d be checking the property disclosure form very carefully because you may have a case against the seller for not disclosing relevant information.

Propertylover · 12/04/2024 14:43

@TwittleBee the other thread filled up. I always wondered what happened thank you for updating. I’m so sorry you are still going through this.

Interested in this thread?

Then you might like threads about this subject:

Cantalever · 12/04/2024 14:43

It will be really stressful for Barbara. Is there no way you could have another plot this season? and at least give her more time to get used to what she will be losing -her sanctuary, plants, shed etc. Give her time. Be kind to her.

TheCountessofFitzdotterel · 12/04/2024 14:44

godmum56 · 12/04/2024 14:38

anything is possible but not sure what difference it makes?

It would explain why the seller didn’t take what would seem to be the obvious option and just sell or gift the land for Barbara if she wanted her to have it. It doesn’t make any difference legally or morally to the op but would provide an explanation for what appears to be some pretty bizarre behaviour on the part of the seller and Barbara.

BillStickersWillBeProsocuted · 12/04/2024 14:44

godmum56 · 12/04/2024 14:38

anything is possible but not sure what difference it makes?

It could explain why the seller didn't transfer ownership to Babs

Did you just reply to that 1 comment without also reading the one it was quoting?

HolidayHeadache1111 · 12/04/2024 14:44

What has your solicitor said about adverse possession, OP? Babs might have a case that as she has been occupying the land undisturbed for 10 years she has a legal claim to it. It applies to registered land as well.

YaMuvva · 12/04/2024 14:46

Cantalever · 12/04/2024 14:43

It will be really stressful for Barbara. Is there no way you could have another plot this season? and at least give her more time to get used to what she will be losing -her sanctuary, plants, shed etc. Give her time. Be kind to her.

I’m not sure how, I don’t see many for sale they do seem to either be Council lets or private plots that come with property. Besides it would be ££££ that I don’t especially want to spend on a temporary plot when we already have one that we can use for free

OP posts:
YaMuvva · 12/04/2024 14:47

HolidayHeadache1111 · 12/04/2024 14:44

What has your solicitor said about adverse possession, OP? Babs might have a case that as she has been occupying the land undisturbed for 10 years she has a legal claim to it. It applies to registered land as well.

It doesn’t apply because she had the landowner’s express permission

OP posts:
WarshipRocinante · 12/04/2024 14:47

HolidayHeadache1111 · 12/04/2024 14:44

What has your solicitor said about adverse possession, OP? Babs might have a case that as she has been occupying the land undisturbed for 10 years she has a legal claim to it. It applies to registered land as well.

Jesus fucking Christ. No. No she does not. Adverse possession is literally not possible here. Read the damn thread!

diddl · 12/04/2024 14:47

The owner might have said "oh, you can have my allotment, I don't use it" so she's been under the impression it was a gift.

This is from the first post of the first thread-

Apparently she is our neighbour down the road (never yet met her) and yes whilst it is the allotment belonging to number 8, the previous owner (a “very dear friend” of hers apparently) let her use it, she’s been using it for 10 years.

rainbowstardrops · 12/04/2024 14:47

As sad as it is for Babs, it's your allotment and you want it, so end of. I'd be pretty pissed off with the lady you bought the house from though!
Maybe DH could set up a camp and stake his land out?!

HolidayHeadache1111 · 12/04/2024 14:49

YaMuvva · 12/04/2024 14:47

It doesn’t apply because she had the landowner’s express permission

That's good! Did you make it clear to the old owner on the phone that she'd misrepresented the sale and you're getting your solicitor involved? I'd be wary of her doing something stupid like drawing up a post-dated agreement of ownership with Babs.

RB68 · 12/04/2024 14:49

Just be careful regarding adverse possession - I would get your previous owner to commit on paper when exactly she was allowed access and on what basis. This may be why she is stressing 10 yrs etc as I think that is the time frame. A neighbour of ours once lost a couple of feet off the bottom of his garden as neighbours behind had been ustilising it without his knowledge even

HolidayHeadache1111 · 12/04/2024 14:50

WarshipRocinante · 12/04/2024 14:47

Jesus fucking Christ. No. No she does not. Adverse possession is literally not possible here. Read the damn thread!

Rude much? I was just asking a question.

YaMuvva · 12/04/2024 14:51

HolidayHeadache1111 · 12/04/2024 14:49

That's good! Did you make it clear to the old owner on the phone that she'd misrepresented the sale and you're getting your solicitor involved? I'd be wary of her doing something stupid like drawing up a post-dated agreement of ownership with Babs.

No when I called her yesterday I just asked what the situation was with Barbara using the plot but I didnt get shirty, I just said ‘thanks for the info take care’.

OP posts:
RB68 · 12/04/2024 14:51

ps re adverse possession you would be suprised when it applies so I wouldn't leave that uninvestigated on say so of someone else

YaMuvva · 12/04/2024 14:52

RB68 · 12/04/2024 14:51

ps re adverse possession you would be suprised when it applies so I wouldn't leave that uninvestigated on say so of someone else

It was the solicitor who advised that it wouldn’t apply

OP posts:
MrsTerryPratchett · 12/04/2024 14:53

Even if you were happy to wait for the growing season, pay for the shed, or share OP, that's information to keep in your back pocket to negotiate. You don't go in being kind. You go in hard and give up things you knew you were going to give up anyway.

I do a lot of negotiating and the trick is to very very reluctantly give up what you would have anyway. Makes the other party feel like they've won.

DisforDarkChocolate · 12/04/2024 14:53

Good plan @YaMuvva

She should have started clearing the plot when your house was put up for sale and she knows it.

TinyGingerCat · 12/04/2024 14:53

Good luck OP i think this is going to turn out to be much less straight forward than you think. I really hope you have legal cover that covers this. If the original owner just wanted Barbara to keep it she could have sold it to her for a nominal sum or gifted it to her. It makes zero sense for the original owner to try and hide the existence of the land. Likewise if there is a covenant on it, why would she have hidden this? The owner must have explained what she thought was going to happen to Barbara - I'd be intrigued to hear her side of the story as she may have been as mislead as you (hence her reaction). Absolutely think you are doing the right thing to try and resolve this though. Looking forward to your updates.

WarshipRocinante · 12/04/2024 14:54

HolidayHeadache1111 · 12/04/2024 14:50

Rude much? I was just asking a question.

Which has been asked repeatedly on every page of the last thread. And answered every time to say no, no it does not apply. Why did you need to ask, yet again?

MrTiddlesTheCat · 12/04/2024 14:54

Excellent thread title OP.

montelbano · 12/04/2024 14:54

KateDelRick · 12/04/2024 13:49

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

And it is not an allotment; it is a parcel of land. Nothing to do with waiting lists. The house comes with a separate garage and parcel of land

longapple · 12/04/2024 14:55

YaMuvva · 12/04/2024 14:46

I’m not sure how, I don’t see many for sale they do seem to either be Council lets or private plots that come with property. Besides it would be ££££ that I don’t especially want to spend on a temporary plot when we already have one that we can use for free

is the allotment waiting list you're on local to where you've bought? If it is you could speak to whomever looks after the waiting list and ask for Barbara to take your place on it, she'd have a shorter wait then if you've been on the list for years and it would make it harder for her to paint you as the bad guys!

Please create an account

To comment on this thread you need to create a Mumsnet account.

This thread is not accepting new messages.
Swipe left for the next trending thread