Topic: Allotment Owner/contractor damaged my plot (my rights?!)

[carrotman]

Hello Everyone,

My first post! I have only had my allotment just over a year and when i took charge of it was a total mess. Having had 2/3rds of the plot cleared and worked last yr i returned to find various "improvements" were taking part to our allotment grounds.

The allotment chairman (its registered as a charity and recieves "grants" from the town and district council) said new pipes were being laid on the paths of the allotment.

I visit my plot before the work started and then when it had finished i now find my plot has been driven over by a large digger.

- The digger has crushed and compacted the land, fruit bushes destoryed (pruned last yr so they were not over grown), strawberry plants crushed, artichokes (may grow back?) smashed under compacted earth.

- A compost bin (large building waste bag) had been driven over the contents now stewn over the plot. The bin is damaged and was of considerable size. All the bamboo cains that were around the area are crushed. Wood and various other materials (i do not believe were on my plot) that were dug from somewhere are now scattered everywhere.

Do i have to leg to stand on with regard getting the allotment to sort this out?

Mine was the only plot destroyed. I dont understand why the allotment chairman wont get the contractor out to put the plot right? What im hoping for is the digger to return, digging up its tracks on my plot and scooping the compost back in to "a" compost bin of some sort.

Having contacted the chairman, who then passed it down to the plotmanager and secretary they have deiced to the say "sorry". They confirmed pipes have been laid under my plot, they said it was mistaken for a path....the path, as you have probably guessed is in perfect condition! A simple grass path about a foot or so wide running the entire lenght of the plot.

Im now stuck with a plot that is half ready to be worked and half pressed flat with caterpillar tracks in it etc.

If anyone can help then i would be most grateful. I assume somewhere under some basic tenants rights they should not be able to enter my plot and do this or atleast not sort it out?

George.

[nolandyet/nowwedo]

Hi George, I tried to post earlier but no luck, anyway. Common sense tells me you need to get this in writing, take photos of damage and send with a letter to your secretary requesting them to arrange for the contractor to make the necessary repairs to your plot. They have admitted that the pipes were laid in the wrong place so ask them to re position them.
Rich...

[Unwashed]

The landlord has trespassed by driving over your plot, and by installing a pipe beneath it.  You're within your rights to demand the cost of putting the damage right.  Take photos and make an inventory and send the committee a bill for the damage.  If they don't pay up you can sue them for the money, or you can withold it from your rent, though you may well have to fight eviction for arrears.  Getting the committee to send the digger back is probably asking too much as you might reasonably be expected to dig the plot and spread the compost anyways.

Be calm and reasonable, and put it in writing.  Keep all correspondence.

In my experience allotment committees can be increadibly vindictive about this kind of thing, so asserting your rights are one thing, but being allowed to get on with your allotmenteering afterwards in peace and quiet is another. 

[carrotman]

Hello Guys,

Thanks for your replies. When i noticed the damage i informed the "plot manager" who was able to view the damage right away. Later the "plot manager" met with the secretary and other members said they took a good look at the plot.

I emailed the "chairman" who does not reply back now but the secretary replies via the plot manager (fallguy?!). Here is the email i recieved last night:

Secretary has asked me to send this email on behalf of the committee.
We are very sorry for the damage done to your plot.
It appears that pipes were laid believing there to be a path between two plots.
It is unfortunate that it was part of your plot and all we can do is to apologise.
It may be a good idea to mark out your plot with a clear border so that it is made very clear where your plot ends and the paths begin.
Again the committee apologises for the damage done.
 
XXXXX XXXXXXX
Plot Manager

I understand pursuing it might make things difficult but im happy to set things to right, simply b/c advantage has been taken over several other plot holders though not in this way.

Maybe i could make a more formal "letter", i had before emailed asking for them to turn the compacted areas over and help sort out the compost bin.

Many Thanks
George

[Unwashed]

Hi carrotman, I should have said - welcome to A4A!

You can ask, but you could do it yourself in the time it takes to write the letter and you'd save yourself and your committee a lot of hassle.  It seems they made an honest mistake, and presumably they weren't laying pipes just for their amusment,  and they've appologised very nicely, so it might be the best option to let it be.

[Ellen K]

I guess you could ask the committee for your out of pocket expenses - the price of some fruit bushes and strawberry plants for instance.  Or even: ask them if they are prepared to donate a little time and a few plants and materials from their own plots to help put things right.

But a path that is a foot wide would not have been wide enough for even a small digger to maneuver and I have to ask (do not be offended): if you had not resumed work on your plot they may have thought you'd given up?  Or just made that assumption because it suited their purpose.

Still, best go to them with an attitude that this can be amicably resolved with a little goodwill from them.  It was wildly out of order what they did after all.

[carrotman]

Hello!

Thanks unwashed.

I had kept up payment on the plot and it was not in big mess or anything. As you say Denbyvisitor i suspect it suited them. I have contacted the "trustees" to see if they can make any sense of it all.

I will let you know what happens, if anything. I had hoped that a few people might want to help me try and dig it etc. but nothing!

George

[cornykev]

Best of luck on your quest Carrotman.   :-\

[Bill Door]

Hmm!
Tricky problem.  You could ask for details of the instructions given to the contractor on the positioning of the pipe and whether a site meeting was held and who with.  That would indicate how much of an "honest " mistake it was.

However. i can't see that taking it too far will work in your favour in the long run.

Personally i would suggest a one year rent reduction (not all but a proportion) and request that in future if any works are to be undertaken then the affected tennants should be told in writing what is happening and precisely when.  Probably with a site meeting as well.  This will probably make you look good as far as the chairman and the secretary are concerned.  One never knows when a favour needs to be received.  The favour you receive may be greater that the favour you give now and there will be no bad feelings hanging around.  Yes you have been inconvenienced but you are at the alotment for the long run.

Welcome to A4A and best wishes

Bill

[elvis2003]

as others have said,i would sort out the plot myself,rather than run the risk of falling behind with your planting and spoiling your year. sorry to hear this has happened to you so early on in your lottie career,but hopefully things will move swiftly on for you now,welcome to the forum!