Allotments No 21 - Law and Allotments - No 3 Statutes

Pre-history: Allotments are likely to have been about in Pre-history at about the time when agriculture was replacing hunting and gathering.  As a family group grew its alloidal settled land would have grown and individuals may well have been alloted small plots for growing food.

 Roman Era to Norman Era: This may well have been the situation in the tribal lands of Roman times, through the posr-Roman Era and into the kingdoms prior to the Norman Era. By and in the time of the latter period customary strip farming and common land was established. It is likely that the lowest in society were allowed to take plots of waste land or were allocated plots on land (seemingly in an alloidal manner.

Norman Era:  However, at some point in the Norman Era, as the feudal tenure system developed, it came about that the Lord of the Manor (LofM)could enclose common land and might well have displaced the lowly folk from their plots. Nevertheless, the the now non-alloidal field strip system and "tenancies" of plots are likely to have subsisted for several centuries. Although the field strips were not perhaps allotment plots as we know them they may well have embedded the "ideal" of an individual holding land as a means of feeding the family. The same may be said of "gardens" attached to humble family huts and houses. I have not seen records of allotments as such but the concpt may well have been known in Norman times, ie individuals having a garden remote from the dwelling-place.

Rights of Common: Before the Norman Era the ancient rights of common were "as of right" alloidal customary rights humble folk had to take "assets" from land not possessed by others - woodlands, moors etc. One might regard them as a kind of "virtual allotment". Grazing was collective in the sense that the animals of one person grazed with the beasts of others.some were but some rights of common were more personal in that wood collecting, hunting and the like were linked to individual needs of the family. 

Cottages: Another feature of life was the custom of an individual to enclose common land (belonging to the LofM?) and build themselve a "house" (bothie) before dawn. If successful he or she remained in a customary possession. It seems that Elizabeth I brought an end to this practice ("right") with the Erection of Cottages Act 1588. It could well be that an individuas built on an already established garden on common land, ie land equivalent to an allotment. 

Allotments No 20 - Law and Allotments - No 2 Consolidation of Statutes

Law of Allotments - Consolidation of Statutes
From time to time the parliamentary lawyers and others dust off the rolls, scrolls, books and codes concerning a particular group and set about consolidating or reforming (or both) their law. [The latest seems to be charities with the Charities Act 2012 which had Royal Assent this week on 14th December 2012.]   

The law of allotments is in a similar or worse higgle-piggle! It is not, as far as is known, on a parliamentary front-burner for consolidation or reform. 

Local Authority Allotments:  A warning needs to be given by me! It seems that the legislation applies only (or almost only) to allotments on the land belonging to local authorities. The exception may be allotments on Crown land - but I need to explore this point. The allotments on local authority land (and I am assuming Crown land) will be referred to as "statutory allotments" herein.

"Private" Allotments: If the above is the case (I assume it is) the following are governed by other principles of law, such as laws of charity, contract and tort:

• community gardens;
• short term allotments; and,
• allotments provided by private individuals, garden centres, and companies.  

National Trust Allotments:  For the moment I am taking the 1,000 or more allotments owned by the National Trust as being within the Trust's governing constitution as a trust, and /or the National Trust Acts 1907 and 1971. Again, I need to explore this aspect.

Statutes for "Statutory" Allotments
A tentative list of allotment Acts is given below. In later Updates I will, hopefully, explore their significance. The legislation is as follows:

• Magna Charters 1215 and 1217
• Inclosure Act 1236 (Statute of Merton)
• Quia Emtores 1290
• Disafforetation, Sale and Improvement of Royal Forests Act 1653 Act
• Poor Relief (Amendment) Act 1830  
• Inclosure Acts 1760 to 1860
• General Inclosure Acts 1836 and 1845
• Allotments Act 1887
• Smallholdings and Allotments Act 1908
• Land Facilities Settlement Act 1919
• Allotments Act 1922
• Allotments Act 1925
• Allotments Act 1950

It is likely that the Act of 1887 and those that follow it are the principal Acts for these posts. 

Allotments No 19 - Law and Allotments - No1

First dip into the law of allotments. What a mess - or so it seems. I suppose there are some individuals who understand all of it. Questions arise from time to time and seem to get answered by lawyers and "barrack" lawyers.

I must admit the law of allotments is interesting enough for me to wish I had more time to devote to the subject. As a result of reading this series of posts I shall hope to have clearer understanding of the subject but very few definitive answers to the questions I have heard posed or I have pondered in the past.

Questions I have include:

• What is an allotment?
• Can an allotmenteer sell his/her produce?
• Why is the growing of trees restricted?
• If an allotmenteer is evicted, can he/she claim compensation?

The second post will consider: "What is an allotment?"

Allotments No 18 - Contamination of Land No 1.

Two reports of asbestos being found on allotments came my way this morning at about 6.45am. The incidents were, briefly recounted:

1. asbestos roof sheeting had been buried on an allotment site; and,
2. the destruction by fire of an allotment site's community shed/shop revealed asbestos in the roof.

Given the possibility of very serious illness resulting from inhaling asbestos particles one hopes that the buriers, removers, firemen and allotmenteers will not suffer in the distant future.

Statutory documents, eg the Control of Asbestos Regulations apply formally to owners and occupiers of certain buildings but I have not seen any references to asbestos and allotments until this morning.

Obviously the Environment Agency officials and workers involved in the first instance and the fire service firemen and officials in the second instance were aware of the dangers and initiated suitable precautions, eg the firemen had breathing apparatus. hoefull all is well.

The two reports have me pondering on allotments and contamination - I intend to come back to the issues if I find more about the subject!