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Old 24-08-2005, 12:29 AM
Warren
 
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Cindy wrote:
I will be moving to our new house soon and want to take my cannas and
lilies with me. They are still blooming and I wonder if I cant just cut
them back and when the time comes dig up the bulbs. Would this work?


Keep in mind that when you planted them in the ground, they became part of
the real estate. They are now a fixture.

The new owner has every right to expect they'll stay right where they are
unless you have negotiated something differently. And if they don't remain
where they are, the new owner can sue for the cost of restoring them. (And
they don't even have to restore them. They can just say, "They're missing;
pay us.")

The exception to this would be annual crops planted commercially. In that
case, the harvest is an embalmment, and belongs to the farmer who planted
them (whether this is the owner or a renter). It wouldn't apply to perennial
food crops like berries, grapes or tree fruit, nor would it apply to a
personal vegetable garden.

The time to think about this is before accepting an offer for the real
property, and then only accept an offer with the terms already in there, or
make a counter offer including those terms. Once you've accepted an offer,
the new owner is under no obligation to even consider your request to dig-up
the fixtures.

--
Warren H.

==========
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.
Have an outdoor project? Get a Black & Decker power tool::
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