UPDATE THAT IS NOT ACTOR RELATED
Had the call with the solicitor’s today.
Basically - Babs has no rights. Nor will we need to take legal steps to ‘evict’ her because the allotment is not a residence in which she is protected as a tenant. I could literally go down now and put my things on there and take her stuff away. Adverse possession does not apply here either for reasons previously stated.
However, in the interest of the solicitor getting paid having an amicable phasing out of Babs, the solicitors will send her letter giving her 28 days notice to remove her property from the plot. It’s not a formal notice because that’s not required by law, but a goodwill gesture in the interest of being as pleasant and neighbourly as possible. We are assured this is a more than reasonable approach. It also means that if for example she calls the police if we have to remove her stuff ourselves we have proof from a third party that as the plot owners we have her ample notice.
If she doesnt take this lying down and stages a sit in….well we will have to cross that bridge if we come to it, but essentially she will be trespassing (as she technically is now). In practice this is when it can get ugly and complicated. Solicitor said that Enforcement around trespassing can be ineffectual and the police will only get involved in situations where safety is compromised. There’d be a number of options we could take if this happens but it’s unlikely it will.
The Solicitor says that he’s known of sit ins happening before in similar cases but it’s a rare occurrence and a solicitors letter usually puts the jeepers up people. He said not to worry until the 28 days passes and we can literally see where the land lies.
This means we won’t get access to our own allotment until probably the end of May by the time the letter is written, sent and the 28 days have passed - but it’s something to (hopefully!) look forward to