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RE: garden dispute

  • Subject: RE: [cg] garden dispute
  • From: "Utah Gardens" UtahGardens@comcast.net
  • Date: Mon, 10 Jan 2005 07:43:37 -0700
  • Thread-index: AcT1rCh4UG0wlOlhRBOKJPwkmRRxPQBDdgcAAAavyiAAE2x3MA==

Sally

I did not mean to say "old" sally's friend...I meant to sally's old friend
and it came out twice. No disrespect meant...just poor typing

Love ya

Shane
-----Original Message-----
From: Utah Gardens [mailto:UtahGardens@comcast.net] 
Sent: Sunday, January 09, 2005 10:49 PM
To: 'Sally McCabe'; 'community_garden@mallorn.com'
Subject: RE: [cg] garden dispute



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

Take care Sally
See you again one day.

Sally,

In reading this to my wife (you remember Nancy), she disagrees with me.

If a business leases a building and puts improvements into the building,
sometimes those improvements are not given back to the person leasing. They
become the property of the landlord. That same argument can be made in this
case. The tree being a permanent asset, is now property of the cg. What
would happen to the tree if he defaulted on his annual lease? Would it
become the cgs. Or would he dig it up and take it with him?

Anyway, I still think I am right, but Nancy usually trumps me anyway. 

Take care

Let us know how it turns out. I am curious.
 
-----Original Message-----
From: community_garden-admin@mallorn.com
[mailto:community_garden-admin@mallorn.com] On Behalf Of Sally McCabe
Sent: Sunday, January 09, 2005 7:23 PM
To: community_garden@mallorn.com
Subject: [cg] garden dispute

I'm in need of some advice.

One of our gardens recently installed a new fence after housing construction
next door did in the old one.  During the installment of the fence, one of a
gardener's fruit trees trees got cut down.  Apparently this was a rare
French pear tree - Passe Corassane.  It was 10 years old, and he is
requesting
to be compensated $500.  The garden has no money in their kitty because of
the
new fence.

Is the garden responsible for replacing the tree, or for making compensation
for something planted in an individual plot?
 
How should we handle this situation? In 25 years of community garden, it's
always been somebody ELSE who was the bad guy!

Sally McCabe, Philadelphia

[demime 1.01d removed an attachment of type application/ms-tnef which had a
name of winmail.dat]


______________________________________________________
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services to community gardeners. To learn more about the ACGA and to find
out how to join, please go to http://www.communitygarden.org


To post an e-mail to the list:  community_garden@mallorn.com

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https://secure.mallorn.com/mailman/listinfo/community_garden


______________________________________________________
The American Community Gardening Association listserve is only one of ACGA's services to community gardeners. To learn more about the ACGA and to find out how to join, please go to http://www.communitygarden.org


To post an e-mail to the list:  community_garden@mallorn.com

To subscribe, unsubscribe or change your subscription:  https://secure.mallorn.com/mailman/listinfo/community_garden





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