A Community Garden is Born

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C.H. McDermott is a jack-nut doing what he loves best, which changes with each passing moment.
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Our whole legal system is set up to define a method and means to determine who wins and who loses–that’s why our Anglo-American system of jurisprudence is called “adversarial.” Sometimes a zero-sum conflict is inevitable. But if it is not, then the other (better) method to conflict resolution should be explored–the non-zero sum option, that produces winners and a sense of peace all around; and sometimes produces a bounty of fruits and vegetables and a nice landscape, to boot.

When we first moved into our 1200 square foot bungalow, our next door neighbor’s home looked a little run down, but nothing a paint job and a new roof wouldn’t have cured. He was one of those people that would always leave you hanging, feeling dopey, in the middle of a wave, or other salutation, by ducking his head down and scurrying out of view. In the nine years that we lived there, with nothing but his driveway to distance his home from ours, we never spoke.

As time marched on his roof developed deep sags, which later turned into big holes, and the elements had their way with his home. After a massive ice storm in the winter of 2007, when half the limbs of our city’s trees popped like gunshots and crashed down on whatever was below them, our neighbor vacated his home, covered in the massive limbs of the massive trees that surrounded it.

The next spring curiosity got the best of me. At the risk of being arrested for breaking and entering, I made a way into his house to have a look around. The truth is, I was more scared of the family of raccoons that I knew lived there than I was of being arrested for entering a rotting hovel of a once, otherwise, attractive and well-built bungalow.

I wish I still had the photos. There was not a room in the house that wasn’t exposed to the limitless sky above. Half the floors were rotted and you had to take care where you stepped for fear of suddenly finding yourself in the crawl space or the basement. The North wall was hanging at an angle away from the house, and the kitchen cabinets were in the process of succumbing to gravity, barely attached to the wall that had been their home since circa 1920. Our neighbor had strategically placed PVC pipe all throughout the house to hold the roof up in various spots, and plastic bins covered half the square footage of the house to capture rain, all full of rancid water and very soon, mosquito larvae. There was one spot where a person could luxuriate without coming into direct contact with rain, and it was occupied by a recliner with a pillow and a blanket on it in the corner of what would be the dining room, left by the neighbor when he moved out.

With a digital camera loaned to me by a neighbor I took a dozen or so photos and attached those as exhibits to a letter addressed to the city’s code enforcement division. Three days later there was plastered to the front door a Notice to Abate Nuisance. The result would be, if my neighbor did not do it himself, that the city would raze the home for him and condemn the property as its own.

Ideas and plans began to hatch among a few of us on our block. Wayne and his son David, both in the construction business, expressed an interest in taking ownership of the lot. Chris and Maggie, across the street, had the idea to use the cleared lot as a community garden. Wayne and David, if they were to obtain a fee-simple title to the property, were fine with the property being used as a community garden, the idea being that at least it would be used for some purpose other than being a massive weed patch, and would serve the purpose to prevent soil erosion.

I checked with the county clerk and verified that our old neighbor owned the property outright, free and clear of liens. I located our neighbor in exile across town and wrote him a letter with a quit claim deed enclosed.

Dear sir,

In the event that you would desire to be alleviated of the burden, and concomitant liability that ownership of your property represents, please sign the enclosed deed and have it notarized. If you would like, come to our office and my secretary will be happy to notarize it for you.

Yours truly.

In forty-eight hours Wayne was the proud owner of one nasty house. A few months later the home was razed, the basement was filled in and an empty lot was all that was left of a home grossly neglected. That was about two years ago.

Yesterday I paid a visit to the garden. There are cantaloupes, beans, squash and enough tomatoes growing to feed an army. At the back of the lot is a patch rich with the smell of herbs. And in the middle is a small wild flower patch. Throughout the two platted lots that make up the property are picnic tables and chairs for people to just hang out, and have a picnic if they want.

Chris told me that the property is currently listed, probably for more than it’s worth. Nonetheless, the intention is there to sell it for construction of a home. It would be a shame to see the green oasis in the middle of this urban quarter of our city go, but whatever happens, it’s better that a new house or a garden be there than what was before it.

Ultimately our neighbors, up and down the block, were happy to see the dilapidation abated and removed. Property values throughout the neighborhood would stand to benefit as a result. One set of neighbors came to own a piece of property. All the neighbors got a community garden. And one man got rid of a bad liability that would have legally haunted him had not others stepped in and relieved him of it.

Personally, I would prefer to see it remain a community garden.

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Posted by on July 18, 2010. Filed under Commentary. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry
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17 Responses to A Community Garden is Born

  1. fourdinners Reply

    July 18, 2010 at 3:04 pm

    My eyes almost glazed over when I read ‘zero-sum’….oh eck…this is getting technical….

    I’m so glad I persevered. Keep the community garden!

    Love it! A very beautiful and peaceful place to go.

    We need more beautiful and peaceful places. You’ve finished my day on a high old bean. Thank you!

    • The Lawyer Reply

      July 18, 2010 at 3:07 pm

      Thanks. Have a drink for me. I’ll have one for you in about 4–checking time–make that 2 and a half hours.

  2. Holte Ender Reply

    July 18, 2010 at 3:14 pm

    Great story, quit claim deeds are wonderful things (sometimes).

  3. teeluck Reply

    July 18, 2010 at 4:15 pm

    Hey bro, is that a pic of you at the top?

    • The Lawyer Reply

      July 18, 2010 at 4:19 pm

      No. That is the brain and brawn behind the whole garden enterprise.

      • MadMike Reply

        July 18, 2010 at 6:55 pm

        Brains and brawn? Must be a picture of me :-)

        • The Lawyer Reply

          July 18, 2010 at 7:12 pm

          Then you are 6’7″ of brain and brawn.

          • MadMike Reply

            July 19, 2010 at 10:43 am

            …and your point is? :-)

  4. Gwendolyn H. Barry Reply

    July 18, 2010 at 9:19 pm

    mr lawyer … I really don’t know you all and yet I am so proud of you, your family and your neighbors … well, ***hugs to all*** what a great job you’ve done!

  5. Krell Reply

    July 18, 2010 at 9:31 pm

    I remember many a times sipping a drink and having a casual conversation about that house with you. I also remember when you first told me about this thing that you did.

    When I heard it, I thought Damn…that was really really good. There is not many situations in a person’s life where they can plan something where everybody wins and it is a such good thing. This was one of them. A perfect storm of good arraigned by you!!

    That was about the only thing that I thought about during the dinner and afterwords. I even remember talking to the other guy later after he was tearing apart the house to sell the window frames, etc.

    Very good, Lawyer, very very good!

  6. Mother Hen Reply

    July 18, 2010 at 10:01 pm

    Wow it looks great! I remember that vile place. It was like a science experiment gone awry. Hopefully it won’t sell until winter so the garden can at least continue through the fall and harvest. (Is that Chris?)

  7. osori Reply

    July 19, 2010 at 12:43 am

    Good for you man!

  8. Jess Reply

    July 19, 2010 at 1:19 pm

    I wish more people did this. I’ve done my share of guerilla gardening projects, but never with permission like this.

    • MadMike Reply

      July 19, 2010 at 1:37 pm

      Hi Jess! You mentioned in an earlier post that you wanted a couple of T-shirts so there is now a link on the sidebar that will enable ordering.

      • Jess Reply

        July 19, 2010 at 1:54 pm

        I saw that. I have been gone on a vacay and had some things I had to do yesterday. I will be getting them later today.

    • Betty Cracker Reply

      July 19, 2010 at 8:25 pm

      If that young man really is 6’7″ tall then that must be some gorilla gardening going on at the Lawyer’s house! I wonder if he would loan him out? My melon beds need weeding.

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