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Re: garden dispute

  • Subject: Re: [cg] garden dispute
  • From: Adam36055@aol.com
  • Date: Mon, 10 Jan 2005 08:41:10 EST

Hmmm. 

A garden plot is NOT personal property at the Clinton Community Garden, with 
a formal lease, but the NYC Park Department's land as leased from the City of 
New York.  To bring one's stuff in to plant is considered a privilege - one 
for which we have a close to 3 year waiting list for now. 

We don't take plot fees and in no way can tenancy in a community garden plot 
be considered a leasehold or any legal right to the plot. Please feel free to 
look at the CCG's rules for more details - ( 
http://www.clintoncommunitygarden.org/rules_&_regulations.htm ) 

Undoubtedly, your gardeners will try to make nice with this guy, and 
safeguards will be put in to be more careful about things in the future. But if you 
look at your gardeners agreement, and have an attorney look at your garden 
agreement, you'll find that he has no rights that would be adjudicable under a 
court of law. 

Interestingly- the Clinton Community Garden, as you'll read in our back 
garden rules and regulations - does NOT PERMIT TREES in back garden individual 
plots because they shade other people's plantings of food, etc.  

I maintain, and even have  ( with a few drinks in me) have even been seen to 
hug them from time to time in our public areas, with lawns etc.  However, I 
believe that trees are completely inappropriate in community garden plots where 
they can shade a space best used for the production of food. 

Everbest, 
Adam Honigman
Volunteer, 
http://www.clintoncommunitygarden.org/


Everbest, 
Adam Honigman 

> Subj: RE: [cg] garden dispute 
>  Date: 1/10/05 4:05:15 AM Mid-Atlantic Standard Time
>  From: UtahGardens@comcast.net
>  To: SMcCabe@Pennhort.org, community_garden@mallorn.com
>  Sent from the Internet 
> 
> 
> 
> Sally
> 
> I will give my two cents worth of advice.... If the cgr pays an annual rent
> for his plot then he then has the right of quiet enjoyment. If there is an
> expectation that he will have the right to renew that lease or rental each
> year, then he would have been justified in planting a long term item such as
> a tree. Although a community garden open to the public, once a rent is paid,
> the right to enjoy that space is his, as long as he obeys garden rules. Once
> the community gardening organization rents the land from the land owner, be
> it the city or private party, the garden becomes a private setting, unless
> of course it is a city run cg. As well, if the gardener sub lets a space
> from the organization, his space is now his own private spot. 
> 
> I don't know if 500 is right for a 10 year old tree, but I think you would
> be found liable if he decided to litigate. 
> 
> Anyway, just from my own experiences and what little I know of the law.
> 
> 
> Shane Siwik
> Utah GARDENS
> Old Sally's old friend


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