Topic: Frank Digging In

[grandad]

Here`s a turnup I represented Frank at a meeting with the council to try to bring some common sense to the action being taken against him. While I was there I asked if they could prove to me that the council actually own the land I recieved a (of course we own the land) but after five weeks I have had notification from a lady at the council that she cannot find any documented evidence of who owns the land. She wrote and told me that in 1948 it was a sewerage plant but can`t find anything since so where does this leave us know Is our association legal because they are running the allotment on behalf of the council (Help.)

[davyw1]

If they don,t own the land then who does ???? the water board who forgot about it, the association because they have maintained the surrounding fence for 7 year. Perhaps a letter to your local water board to se if they have any records..

[:(]

The Land Regiostry can tell you who owns the land, it costs £4 to get a title register.

https://www.landregistry.gov.uk/wps/portal/Property_Search

[Unwashed]

Grandad, what is Frank's situation now.

Did questioning the ownership of the site help Frank? 

[grandad]

Hi Unwashed Frank is still in limbo he hasn`t had any notice from the courts and is still going on to his plot . He tried to pay his rent last week but the committee sent his cheque back saying that are going ahead with proceedings and to hand his keys in. On the ownership thing the committee does not know about it yet I have only just had confirmation yesterday.We have been self managed for five years.
 Grandad

[Unwashed]

Remind me, when did his notice to quit expire?  What exactly are the committee doing?  Was the meeting part of some appeals procedure?

If the Committee don't follow up promptly on their eviction they lose any hope of making it stick in court - you are expected to act without delay.  The committee's delay works in Frank's favour.  Refusing to accept Frank's rent makes no difference to anything, it certainly doesn't give the committee grounds to evict for non-payment as long as Frank tried to pay.  Whatever they say, make sure that he does not hand the keys back as that would be a definitive gesture that he had given up the plot.

However, I can't for the life of me see what benefit there is in questioning the ownership of the site.  It's never been at issue and Frank's eviction does not turn on it.  If you wanted the Council's support you needed to convince them that you and Frank are fair and reasonable and that the committee have acted unconscionably and inequitably, but by going off on one about something that has no possible bearing you have in all probability convinced the council that you're just trouble-makers and that the committee should have their support.

Do remember that if this goes to court and Frank loses he will quite possibly have to pay the committee's costs.  I've given you a list of the potential weaknesses in the committee's position but essentially they have a pretty good argument.  Have you checked out the legitimacy of the notice as I suggested?

[grandad]

The only reason that the council where asked about the proof of ownership was that I attended the meeting on behalf of Frank accompanied by a local councilor who is trying to save an allotment elsewhere from being closed down so the question came up and they said that they would check ours at the same time. Franks notice to quit expired on the 24th March so as you say they seem to be dragging their feet a bit.
grandad

[grandad]

Frank`s still not heard from the court about the possesion order but last night the committee changed the lock on the gate and did not give Frank a key,they never told him and they all left the site and locked him on, he then had to try to climb the gate which is 3 metres high and try to get his bike off as well. He eventually got over but bruised his knees in the process I told him he should have phoned the police because I see it as a form of imprisonment but he did n0t have a phone. I don`t know how to advise him from now because he can`t access his allotment to get his belongings IE. greenhouses shed and he has planted all his beds.
Grandad

[Unwashed]

It's nothing to do with the police.  The committee are entitled to change the lock, and if Frank can't cadge a key from another plot holder he's pretty much stuffed because it's a legitimate way of evicting him.  He needs to get a key.

[brownowl23]

has he not thouhgt about going to a solicitor or CAB?

[cornykev]

If they never told him and no one else was on site then its imprisonment.  :'( :'( :'(