CF allotment thief part 3: The ‘plot’ thickens and auditions begin for the west end musical

[YaMuvva]

Just creating one now before t’other fills up. Will post updates when I have them

Last thread https://www.mumsnet.com/talk/_chat/5048540-cf-allotment-thief-part-2-the-battle-of-barbara-and-the-beansprouts?utm_campaign=thread&utm_medium=share

She has answered the phone quickly to use twice now so she doesn’t have a communication problem

But what did she (I presume the seller) have to say about "Babs" still being on the allotment that she sold to you???

That info would be subject to lawyer-client privilege.

That it “belongs to Barbara really” because Barbara did her a favour taking it off her hands and it would be awful for us to take it away from her

That is a problem for her to sort out with Barbara and nothing to do with you.

By the way, here is the bit of the form where Sally should have mentioned Barbara

I think I'm missing a point here - disclaimer being I haven't read in detail the entire threads - BUT, my cursory understanding is that the OP wasn't aware of the allotment until after completion - if that is correct then the conveyancers are at fault.

If my understanding is wrong then I stand down

@Ryegait OP means the seller’s solicitors should be apologising for being shit I think!

If I were the seller's solicitor I am not entirely sure I'd be rock solidly confident I'd done everything I could here - but I'm a bit insecure I guess?

I'd be interested in the wording around 'vacant possession' in whatever documents the solicitors' exchanged- how the docs referenced the assets included in the site? I can't see our solicitors missing there was more than 'just' a house and not nudging us to check it out but the solicitors of the people we bought from?! They could easily be the sort of people whose attention to detail might not stretch to it. And I'd be a bit sympathetic to that. "Is your mate tending your plot of land? Oh, right. Have you told her you're going AND she has to as well?" It's entirely possible the seller has lied outright though and that would also explain the delay.

ED: I mean - our solicitors would tell us to check the sites. I think a lot of others might just share a plan and not necessarily suggest digging around the use of it, assuming that all was (very likely) to be well.

So I guess I mean seller and the OP's solicitors...

We we’re aware of it before completion but after we put the offer in

In fairness they may have but I honestly can’t remember, and we didn’t all the same.
But if we had I’d have assumed that the existing plot contents belonged to Seller Sally. I don’t think my first thought would jump to “someone else thinks this allotment is theirs” unless we happened to run in to Barbara that day

Oh, I totally agree YaMuvva. Very fair point. I can see that if you didn't have 'context' you wouldn't pursue it. I'm not blaming you at all.

OP did your solicitor mention anything about Babs getting a predated written note off the seller stating the landlord changed hands, and what would happen if she did or already had that in her possession?

I wouldn't put it past her to go to the seller and easily get this given the response you got from them both

I do think a plan of action re other allotment holders might be wise...

Are you good with cake @YaMuvva or could you turn up bearing foil wrapped gifts of sausage and bacon butties one nippy morning (or a morning sausage-inna-bun bbq?)... As PP said, once they've accepted your foods they are going to find it far harder to be on Babs side...

Maintaining a pleasant, cheerful and interested presence could work wonders...be all sympathetic, 'yes it IS a shame but I wonder why Babs didn't offer to buy it when Sally sold the house? Ho hum...' etc etc! and 'Well.. perhaps you could share your plot with her?'...

Meaningless without changing the land reg. details to reflect change of ownership. And they do ask questions if you try to simply GIVE people bits of land/property... they want to know the ins and outs, money changing hands etc. It isn't simply a matter of a note saying 'my allotment plot 69 is now Babs'.

You can’t transfer ownership of land with a note. At the date of completion the land belonged to Sally. It was registered as such.

(sorry cross posted with @WiddlinDiddlin )

No but it wouldn’t matter as the plot hasn’t been sold to Babs, she only had the landowner’s permission when seller was the landowner

ooh im invested in this, keep us updated! 😆

I’m absolutely shit at baking, except for one thing - a chocolate cake that I call my Bruce Bogtrotter cake because it looks like the one Bruce eats in the Matilda movie. It’s about 10,000 calories a slice and AMAZING, I’ve negotiated some very favourable things with that cake 😂it’s definitely an option! (Recipe available upon request)

That it “belongs to Barbara really” because Barbara did her a favour taking it off her hands and it would be awful for us to take it away from her

Soooooo....she's happy to take your money for something that, in her eyes, belonged to someone else anyway???
Wonder what she'd say if you suggested she pays you back for it, and chase Babs for reimbursement.......
Stupid woman

Oh we need that recipe please. A truly great chocolate cake recipe is worth a lot. An allotment possibly.

Yes please for the cake recipe.

Im definitely here for all the low-down dirty cake based tactical-warfare! :D

Your life will never be the same

Cake recipe
https://addapinch.com/the-best-chocolate-cake-recipe-ever/#wprm-recipe-container-31552

Icing recipe (use fondant icing sugar for an amazing shiny finish) https://addapinch.com/perfect-chocolate-buttercream-frosting-recipe/#wprm-recipe-container-30670

Apols it’s in American measurements but it’s worth it!

Property solicitor here - on a sale, there’s a form the seller will fill in (shown up thread) confirming who the other occupiers are. Babs should have been listed here. There’s also a pre-completion document confirming vacant possession on completion. We don’t physically inspect the properties - we will make the relevant enquiries of our client and relay their answers. In all honesty, if the client is an individual who lives in a property by themselves, and there’s no granny annexe etc, no one would consider it necessary to check the allotment wasn’t otherwise occupied (although I probably will now!!) but I’ll always double double check with them it’s vacant on completion.
As above, I don’t go and check, so if my client assures me it will, I relay that on. Frankly if I find out afterwards they’ve lied I’ll be pissed off! On what you’ve said, I don’t think either of the solicitors have done anything wrong - she’s just misled them, and you 🤷🏼‍♀️