Who owns the property left behind?

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VWilko411

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Who owns the property left behind?
« on: July 20, 2022, 11:25 »

I was wondering if you could assist me,  I’ve made a start by googling Allotment Regulations but not found anything so far.  I hope therefore you don’t mind the contact.

After 3yrs of hassling the Council about the mess of the adjoining plot & lack of cultivation (not touched for 4yrs), they finally offered it to me stating the plot had been handed back.  I signed the contract & paid pro-rata fees for the rest of the term a month ago.  Within a week I’d made good progress & even put in a temp brassica bed.

Now, the previous plot holder has sent an email asking why someone is working their plot.  Furthermore they are asking for all the belongings left to be returned.  Quite a lot has been dumped by the council as unsalvageable.  To say the site was left in a mess (which I offered to clear if the council removed) would be a vast understatement.
plot?

I’ve gone to my Committee who aren’t really sure of the answer other than to advise I return what they are requesting. I have queried this with the Council plus asked them to expand on what belongings as lots was left but they have replied saying “thanks for your understanding, please leave all belongings of the previous tenant at the front of the plot by Sunday and our Parks Team will collect”.

Anyway I digress, do you have any experience or knowledge on property ownership left on a disused/surrendered

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steven c

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Re: Who owns the property left behind?
« Reply #1 on: July 20, 2022, 13:01 »
on our site we have started stating that anything on the plot when you take it over stays when you give up [we had instances of people taking on plot removing shed or greenhouse then giving up plot] we normally get outgoing tenant to state what they want or not from plot your situation is unusual in that the tenant had been absent for so long [he would have to give up tenancy after a year or less of no growing on our site] our site is council property but run by ourselves i think what the council propose seems fair.  good luck.
from bow like to grow

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New shoot

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Re: Who owns the property left behind?
« Reply #2 on: July 20, 2022, 13:20 »
There are 2 separate issues there.

If the previous tenant was not cultivating the plot and the council did not take action, that is 1 issue.

If the previous tenant has now officially given up and wants stuff back, that is another thing. Cultivation of the plot prior to that does not necessarily affect how the council view the matter.

I agree with Steven C that what the council propose seems fair and your committees advice sounds good.  Let the parks team take the remaining belongings of the previous tenant and if they have already dumped some of them, that is their problem to solve.

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mumofstig

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Re: Who owns the property left behind?
« Reply #3 on: July 20, 2022, 13:25 »
I presume that the council told the last plot holder that he was to be evicted. This letter usually should have given the end date of his tenancy.  Before that date he have to have removed anything he wanted.
After that date, if still on the plot, it belongs to the new tenant....

I'd ask the council to confirm the date they sent the eviction letter, It sounds to me as if they forgot to let him know  ::) The council should also let him know that they've dumped his belongings...
Get back on to them about it. Good luck!



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