William Brown wrote:
I don't know if you are selling or renting, but if I were buying a
property with a nice garden, I would not be happy at closing time, or
later, to find that the garden had been removed.

Plants in the ground are considered part of the real estate. Unless it
was part of the deal that plants would be dug-up, and taken away, the
buyer has every right to the plants that were there, in the ground, when
their accepted offer was made.

The new owners could sue for either: The value of the plants taken; The
cost of replacing the plants taken; The change in value of the property
with the plants removed.

If the house was a rental property, and you're moving out, as long as
the property is returned to the condition that it was in when you moved
in, everything is fine. Any enhancement may not be viewed by the owner
as an enhancement. (It may be harder to rent the place if the new renter
has to take care of a nice garden, for example.)

Either way, it's not just a question of how to do it, but it's also a
question of if you're allowed to do it.

--
Warren H.

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Disclaimer: My views reflect those of myself, and not my
employer, my friends, nor (as she often tells me) my wife.
Any resemblance to the views of anybody living or dead is
coincidental. No animals were hurt in the writing of this
response -- unless you count my dog who desperately wants
to go outside now.
Blatant Plug: Books for the Pacific Northwest gardener:
http://www.holzemville.com/mall/nwgarden/index.html