Originally posted by Two_Sheds
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allotment rules and property
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Into each life some rain must fall........but this is getting ridiculous.
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I think PW is right about probate etc. but 'holding onto the key' is a different thing to being beneficiary of the will. unless it has specifically become his property it is not his to give away.
2-sheds. The moment you exchange contracts A house, the garden and everything in it becomes your property.
We brought our house from the daughter of a couple who died in a crash. We had very little anything at the time. The estate agent told her to remove all, but luckily we spoke to her and she left the curtains and a few chairs etc. But (given that we are carpenters) the estate agent actually stole the workbench out the garage Not worth pursuing, but I have never forgotten it, and should he come up in conversation I am happy to relate the experience in a load enough voice to be heard throughout the bar.
As many have said,Be friendly and don't cause a fuss and start a feud or arguement,but subtlely make it clear you think he has taken the p*ss. And gauge the reactions of others to his name( the joy/misery of small communities) If he really turns out to be a toenail, you will still be able to serve up your revenge nice and cold.
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I'm with PW on this, although my experience is property law and that's what I'm basing this on (I'm one of these horrible landlord types :-) if we have a tennant die or flit, we are legally required to hold their property for months before being allowed to dispose of it.
So you've got several conflicting areas here,
1 is that you do not become a tennant until money has exchanged hands, so the allotment may not really be yours until 1st April, therefore you have no right ot anything on it until this point regardless of what the man from the LA has said.
2 is that you have the intestacy laws to consider, the items belong to the deceased and are therefore now part of his estate, subject to tax assessments and all sorts, they cannot be disposed of by a third party..
3 there may well be a duty upon the LA or Allotment association to hold said items until such point as they are claimed or until x period of time has elapsed. Control of the land does not infer automatic control of any items upon it unlesss part of the original agreement and specified as such.
You could seek legal advice, but given what is involved it would seem to be an awful lot of effort to gain little, so I think you've made the right, although reluctant, choice. Still think it's all a bit underhand though... :-(
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I think you've done the right thing ingnoring it. I mean by the sounds of it you'd have taken the plot anyway with or without this stuff?
To save it dragging on (if it does) give an ultimatum. Take the stuff by whatever date, eg1st April, or lose it. Either way you'll know where you stand and if they take the lot so be it. Last thing you want is others them keep tramping on your plot taking bits and bobs you thought you could use.
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