CF allotment thief thread no 4 - Babs’s dodgy solicitor and TV producers looking to cast for the role of Penfold?

[YaMuvva]

New thread! Last one was here
www.mumsnet.com/talk/_chat/5049200-cf-allotment-thief-part-3-the-plot-thickens-and-auditions-begin-for-the-west-end-musical?page=38&reply=135136744

So a quick update.

DH dropped me off for my surgery this morning then dropped the kids at school before heading to the allotment. Babs was there gardening as were some other people on their own plots. All her crap was still there

DH went up and reminded her that she needs to be off the plot by the 20th. She said that she is awaiting advice from her solicitor to see if she can challenge us. She also said if the solicitor says she has to be off, she will be gone by the 20th but isn’t giving it up without checking if she has rights first. She did a fair bit of guilt tripping to DH about how she has spent 10 years being part of a community and having a hobby and she now has to give it all up but he held strong and told her, unless she comes back with a legitimate legal claim her property will be off the allotment by the 21st - wether it’s removed by her or by him.

However - enter Penfold stage right

Penfold is what we are calling the allotment neighbour who marched over from the other side of the plots (because that’s who he looks like). He started shouting at DH saying “You’re a bully! Fancy picking on an old lady and taking her allotment off her after all her years of hard work”. He pointed out it’s his allotment now and Penfold said that “just because your name is on a piece of paper it doesn’t give you the right to steal it off it’s rightful owner”. He then start saying “What do you know about gardening pretty boy? These allotments should be for real gardeners not pretty boys like you”

When DH told me this I laughed so hard I thought my stitches may burst 😂 DH IS very pretty but he’s also mid-40’s and hasn’t been called pretty in many many years. We are in semi-rural Yorkshire though and a man wearing a top that isn’t either blue black or white is considered a feminine.

When DH stated he does actually know about gardening, Penfold was all “Yeah right yeah right all you know about is putting your make up on” 🤣🤣 and said how these allotment owners have been around for decades he can’t just barge in and kick people out. DH said he was half expecting Penfold to say “this is a local allotment for local people”.

Then it was BABS of all people who told Penfold to STFU. Not quite those words but she said “oh do calm down Nigel”. The other plot owners just kept their heads down apparently. DH took off in the end but he is considering buying a Danger Mouse t-shirt to wear when he gardens. I’ve told him I can help him apply his make up 😂.

Anyway Babs’s words don’t exactly fill me with confidence but it’s better than flat out refusing to leave I suppose. I’m absolutely confident that legally she hasn’t a leg to stand on, but that doesn’t mean some dodgy solicitor won’t claim otherwise for a bit of easy money off her. Either way unless there is a claim that has legs (highly unlikely) DH will be round on the 21st to set up his stuff. PP were right about insane allotment owners - but we are just gonna have to lump it and not let Penfold ruin our time there.

Pat from Ghosts

I bet if you put an electric fence around your plot, Babs would be dead against it

I'm guessing Sally has told her solicitor that she gifted the allotment to Babs and is only now realising that she didn't do the correct legal stuff to back it up

If this was the case I would have expected that the first thing Babs said when challenged was that Sally had gifted it to her. I don't think that was the case.

Have been following these threads in disbelief that people can be so dim and unreasonable. I am guessing that someone has told Babs about adverse possession and she thinks it will apply to her but as she started by claiming that the previous owner had said she could use the plot that wont work for her will it.

OP I hope you are recovering and that this saga is providing you with useful distraction rather than added stress.

I suspect that, too, and Sally+Babs might still try to alter their story to suit adverse possession criteria... (ie: now claim Sally didn't realise Babs had taken it over completely).

@YaMuvva although Sally and Babs both admitted to you and your husband that she had Sally's permission and blessing to be there, were these just verbal conversations between you that could now be denied/recanted? Or was that admitted in front of your EA or lawyer or ever communicated through them?

Otherwise, the fact that Sally suggested vacant possession at the conveyancing stage might actually help them build a picture of adverse possession, retrospectively (if you've no 'friendly' witnesses to them saying the contrary).

I wonder if this is the route they might be exploring with a lawyer now.

The thing is “I meant to give it to my friend but sold it to someone else instead” isn’t much of a legal argument.

I'm sure there are numerous people living on the street, and/or with plots near OP's, that could refute any suggestion that Seller was unaware of Babs' use of the property. It seems to be common knowledge.

Bottom line is that OP owns the property, Babs is a tresspasser and hopefully this will be resolved in a week or so. The OP has nothing to fear, legally. Babs and Seller should pay any solicitors' fees the OP has incurred.

If the adverse possession strategy is going ahead, the OP would have a big claim against Sally. So I doubt that is a pathway they're considering together. Sally should have declared it on the paperwork

I'd go ahead with clearing the plot on 21st regardless of whether Babs is dragging it out through a legal back and forth. If she's successful, we'll then you'll move off.

(She won't be.)

Just catching up - I suspect that Babs if going to make an offer to buy the plot via the solicitors. OP under no obligation to entertain the offer, of course, but given the title deeds to the land are in OPs name, and were not transferred to Babs, it’s the only way Babs could legally settle the matter. I rather hope she tries this and OP says she will consider it for an extortionate sum…

I reckon £1m should cover it.

Never underestimate the power of human stupidity.

@HappiestSleeping yep! There will then be a to and fro where Bab argues land is only worth what someone is willing to pay for it (Bab’s offer will be a paltry amount based on land values); only to find OP tossing back, that actually it is what a seller is willing to part with property for and, in this case, the loss of the dream of sunny afternoons spent sipping mojitos from her deckchair (sans surgical stockings), watching a shirtless pretty boy titivating her plants which is, of course, quite priceless.

I've been watching these threads with interest but never commented.

OP, I truly hope this works out the way it should.

Get well soon.

It appears the hospitals in different parts of the country use different coloured socks, you get bottle green down here in Birmingham (yuk, I'd much prefer grey or beige).

Yes they were just verbal convos but I really think they’d be pushing it to lie about adverse possession - besides my neighbour at the bottom has told me she knew Babs tended the allotment on Sally’s say so and everyone knew this.
she also says Babs is a PITA and if I want an easy life I ignore her

I meant legally successful

Delurking to say I had that colour after my last surgery too! One up from the bright white (quickly dirty white walking around in them after c section) ones I had years ago. I brought them home and cut them up to make hair bobbles, they work well - and it means getting your own back on them! Glad you've been able to sit out in the sunshine post op. Feel well OP!

Gosh I don't realise this was still rumbling on.

I know, I was meaning that they may be stupid enough to try though. People never cease to amaze me. 👍

So Penfold mimicked your husband’s Scottish accent? 🤣 batshit. And rude. Risky too in an area where digging is the norm. But Babs didn’t welcome the intervention. Which tells me (strokes beard, laser on Wednesday) that Babs thinks she has a right to the plot and doesn’t need help. I think in these circumstances it would be reasonable to throw stones at the solicitors window and get him up.

I’m not convinced it means Babs thinks she has a case. I think she just didn’t like being called an old lady.

Sounds like you have an ally there !

And brass neck!

Oh definitely, that too.

Per Penfold's comment, never let reality get in the way 🤣