Inherited Allotments - Delicate Subject!

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petersson

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Inherited Allotments - Delicate Subject!
« on: April 04, 2009, 00:40 »
Hi, I don't have an allotment as yet - am still on the waiting list.
Delicate subject - but - I have to ask you more intelligent mortals - Is it a standard thing that when someone either gives up or passes away (God forbid) - the family automaticaly have the right to take over the plot in perpituity?
I don't mean to be callous, but surely the grant of land on an allotment is to the individual, not the relatives of the person in either situation. I would have thought that to be fair, the allotment would be offered to the next person on the waiting list first - as opposed to someone that was never on the waiting list in the 1st place?? I only ask because i have lost out for years due to these precise situations and wonder if it is a standard thing around the country???
Which is the right course of action in either situation??

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DD.

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Re: Inherited Allotments - Delicate Subject!
« Reply #1 on: April 04, 2009, 06:15 »
I'll move this to GYO where it may be seen by more growers who may have experience with this.

Are they private or council plots?

I suppose it depends on how the terms are written & would have thought that this sort of thing was more likely to happen with the former.

Anyway, I'm only guessing & it'll be better for those in the know to reply.
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Rangerkris

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Re: Inherited Allotments - Delicate Subject!
« Reply #2 on: April 04, 2009, 06:33 »
What a hard one. If i was told i could not carry on my Dads plot if he passed away i would be really really upset. If he chose to give it up that a different matter.
Thanks
Kris

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DD.

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Re: Inherited Allotments - Delicate Subject!
« Reply #3 on: April 04, 2009, 06:37 »
You're right Kris, looking from the other point of view does shed a different light on it.

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Rangerkris

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Re: Inherited Allotments - Delicate Subject!
« Reply #4 on: April 04, 2009, 06:45 »
Well im only thinking of it as we have only had our plots a short time and already there taking on personal character.  And if i was to be at my plot watching someone change all the work he had done it would be heart breaking i guess. 

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Ygerna

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Re: Inherited Allotments - Delicate Subject!
« Reply #5 on: April 04, 2009, 07:34 »
I can understand your frustration. Hoping that you get a plot soon. If waiting lists are that long could you not pester your local council to provide a few more. How about contacting your MP, the press etc. It will give you something to do whilst you do wait.

Regarding the OP. Its difficult. My plot is mine, none of my family (husband, children, etc) come down there or do anywork. So, if I were to pass away (lets hope thats not going to happen) I would expect it to go to someone on the list. If however, they had been coming down with me, working it, tending it, and giving it time and energy and devotion, I would expect that they would be able to continue to do so.

If, however, I were to give it up. Then I would expect it to automatically go to someone on the list.

These are just my expectations, and I do not know what the 'rules' state at my site. Might have to ask, just in case...

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Caretaker

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Re: Inherited Allotments - Delicate Subject!
« Reply #6 on: April 04, 2009, 07:38 »
I do not know the law or rules but a freind of mine had 3 plots and he popped his clogs last year but his wife's took on one plot and let the other two go, it was a shame to see the new comer change every thing like dig up a fig tree move the shed but thats life or in his case death.
I think it should go to the next on the waiting list at the end of the year.
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LittleSlugInTheNorth

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Re: Inherited Allotments - Delicate Subject!
« Reply #7 on: April 04, 2009, 07:45 »
Hi.  I think you will need to check this out for your allotments.  At our allotments the committee can use their discretion when a tennant passes away to offer a relative the tennancy rather than the next person on the waiting list. Plots are leased to individuals, although in reality many couples might work the plot for years together. It would be tragic for the survivor to lose the plot in these cases, after losing their other half.  The termns of our constitution were amended to enable this to happen. It doesn't happen every time someone dies - only when the family members are known to the committee by being long term members of the society and have been seen to be regularly working the plot.  I think it's a good idea - even though I had to wait nearly 3 years to get my half plot. 

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cousdude

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Re: Inherited Allotments - Delicate Subject!
« Reply #8 on: April 04, 2009, 08:20 »
Hard one - I guess it would stay within the family personally. At my allotments, there are several families who tend theirs - couple bring their kids etc, and I guess the produce feeds the whole family.

If only one of the couple signed the allotment agreement form, it would be a great shame to take the plot away from the surviving partner and their kids and take part of their away - as if their lives wouldn't have been wrecked enough by the death in the first place.

Any council who gives it away to the next on the list is callous in my opinion - so hope no one does this!

Perhaps you could get more than one name added to the allotment tenancy - like a joint tenancy for renting a house - that would solve any issues, but then you'd have to be careful people don't abuse it.

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little sweetpeas

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Re: Inherited Allotments - Delicate Subject!
« Reply #9 on: April 04, 2009, 09:58 »
We ask the husband/wife/partner or children if they still want the plot before we class it as an available plot.  As said already many families work the plot together.
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Aunt Sally

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Re: Inherited Allotments - Delicate Subject!
« Reply #10 on: April 04, 2009, 10:01 »
On our allotments when a tennant dies the spouse or children of that tennant has 3 months to decide if they wish to take over the tennancy.

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paintedlady

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Re: Inherited Allotments - Delicate Subject!
« Reply #11 on: April 04, 2009, 14:56 »
on our site, the tenant's agreement often refers to the tenant's household - so I imagine if the deceased OH or family had an interest, it may automatically go in their name.  But I doubt anyone not living at the address of the deceased would get a look in, especially if they never went down to the plot.
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Yorkie

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Re: Inherited Allotments - Delicate Subject!
« Reply #12 on: April 04, 2009, 20:34 »
Our council tenancies allow for the family to take over the plot
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bailey

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Re: Inherited Allotments - Delicate Subject!
« Reply #13 on: April 04, 2009, 20:40 »
difficult but I guess the right way to go would be to give a time limit for the family to decide,, I understand how frustrating it must be to wait for a plot especially to see one fall apart as such,, but for some familes the lotty could be an area of many happy years of memories..

as a kid i helped & watched my grandad spend many hours on his garden growing all things, but he had to go into a care home and his house which was council was rented on to other tenants who just let the garden go to waste and just used it to dump cars on!  it was a complete shame as the produce he grew was too much for him and he just used to give it away to others his enjoyment was growing it,

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BigPaddy

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Re: Inherited Allotments - Delicate Subject!
« Reply #14 on: April 04, 2009, 21:02 »
On our council site you can transfer your plot, so if someone gives up they can fill in a form for someone to take over.

I'm on the fence on what should happen when someone dies - what I really want to see is all of the plots fully tended as the lease insists they should be. Our site is supposed to be full, but so many plots are hugely overgrown. I think if we could enforce the lease there would be no waiting list.

Patrick
Hull, East yorkshire


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