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Old 23-08-2005, 01:26 PM
Cindy
 
Posts: n/a
Default Cannas and lilies

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?

TIA

Cindy


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Old 23-08-2005, 02:14 PM
Doug Kanter
 
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Where do you live, and exactly when are you moving?

"Cindy" wrote in message
...
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?

TIA

Cindy



  #3   Report Post  
Old 23-08-2005, 03:46 PM
Cindy
 
Posts: n/a
Default

My mistake
I live in zone 6-7 and am moving in the same zone.


Cindy


"Doug Kanter" wrote in message
...
Where do you live, and exactly when are you moving?

"Cindy" wrote in message
...
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?

TIA

Cindy





  #4   Report Post  
Old 23-08-2005, 05:43 PM
Doug Kanter
 
Posts: n/a
Default

Well...you know they want to be moved just before the frost, so they have as
much time as possible to grow. I'd wait till the last minute, and then dig
them up with as much soil as possible, even if that means buying the small
size boxes from U-Haul and lining them with trash bags. Then, get them back
in the ground before working on the house, which, as you know, is only 10%
as important as the garden and can go to hell for years without mattering
much. :-)

"Cindy" wrote in message
.. .
My mistake
I live in zone 6-7 and am moving in the same zone.


Cindy


"Doug Kanter" wrote in message
...
Where do you live, and exactly when are you moving?

"Cindy" wrote in message
...
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?

TIA

Cindy







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Old 23-08-2005, 11:28 PM
Bourne Identity
 
Posts: n/a
Default

If you have no choice, then dig them out with as much soil on their
roots and put them in huge tubs or Rubbermaid rectangular things you
buy at Target. Do cut them back and the worst that will happen is you
may lose some, and the lily's may not bloom next year. If you live in
the south, hmm, sketchy if this would work. Here where I live has
been 100+ for days with no let up in sight.

On Tue, 23 Aug 2005 08:26:09 -0400, "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?

TIA

Cindy




  #6   Report Post  
Old 24-08-2005, 12:29 AM
Warren
 
Posts: n/a
Default

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::
http://www.holzemville.com/mall/blackanddecker/



  #7   Report Post  
Old 24-08-2005, 08:33 PM
Bourne Identity
 
Posts: n/a
Default

Canna's are not usually hardy in this zone range.

On Tue, 23 Aug 2005 16:43:02 GMT, "Doug Kanter"
wrote:

Well...you know they want to be moved just before the frost, so they have as
much time as possible to grow. I'd wait till the last minute, and then dig
them up with as much soil as possible, even if that means buying the small
size boxes from U-Haul and lining them with trash bags. Then, get them back
in the ground before working on the house, which, as you know, is only 10%
as important as the garden and can go to hell for years without mattering
much. :-)

"Cindy" wrote in message
. ..
My mistake
I live in zone 6-7 and am moving in the same zone.


Cindy


"Doug Kanter" wrote in message
...
Where do you live, and exactly when are you moving?

"Cindy" wrote in message
...
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?

TIA

Cindy







  #8   Report Post  
Old 24-08-2005, 08:53 PM
Doug Kanter
 
Posts: n/a
Default

Right....that's why we dig them up. That also lets the air out of Warren's
comments. They may be part of the landscape when they're growing, but they
have a slim chance of living through the winter, unless you have exactly the
right mini-climate right by the foundation of the house. Even so...not
likely.

"Bourne Identity" wrote in message
...
Canna's are not usually hardy in this zone range.

On Tue, 23 Aug 2005 16:43:02 GMT, "Doug Kanter"
wrote:

Well...you know they want to be moved just before the frost, so they have
as
much time as possible to grow. I'd wait till the last minute, and then dig
them up with as much soil as possible, even if that means buying the small
size boxes from U-Haul and lining them with trash bags. Then, get them
back
in the ground before working on the house, which, as you know, is only 10%
as important as the garden and can go to hell for years without mattering
much. :-)

"Cindy" wrote in message
...
My mistake
I live in zone 6-7 and am moving in the same zone.


Cindy


"Doug Kanter" wrote in message
...
Where do you live, and exactly when are you moving?

"Cindy" wrote in message
...
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?

TIA

Cindy









  #9   Report Post  
Old 25-08-2005, 06:32 PM
Cindy
 
Posts: n/a
Default

Thanks for all the help and comments. I should mention that the old house
will be empty when being shown as we are moving out prior to be going on the
market. So if I pull them, no problem.
As for the cannas. They seem to do well right where they are for the last
3-4 years. Never been dug up, just mulched well before frost.

Cindy

"Doug Kanter" wrote in message
...
Right....that's why we dig them up. That also lets the air out of Warren's
comments. They may be part of the landscape when they're growing, but they
have a slim chance of living through the winter, unless you have exactly
the right mini-climate right by the foundation of the house. Even so...not
likely.

"Bourne Identity" wrote in message
...
Canna's are not usually hardy in this zone range.

On Tue, 23 Aug 2005 16:43:02 GMT, "Doug Kanter"
wrote:

Well...you know they want to be moved just before the frost, so they have
as
much time as possible to grow. I'd wait till the last minute, and then
dig
them up with as much soil as possible, even if that means buying the
small
size boxes from U-Haul and lining them with trash bags. Then, get them
back
in the ground before working on the house, which, as you know, is only
10%
as important as the garden and can go to hell for years without mattering
much. :-)

"Cindy" wrote in message
t...
My mistake
I live in zone 6-7 and am moving in the same zone.


Cindy


"Doug Kanter" wrote in message
...
Where do you live, and exactly when are you moving?

"Cindy" wrote in message
...
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?

TIA

Cindy











  #10   Report Post  
Old 25-08-2005, 07:47 PM
Warren
 
Posts: n/a
Default


"Doug Kanter" wrote in message
...
Right....that's why we dig them up. That also lets the air out of Warren's
comments. They may be part of the landscape when they're growing, but they
have a slim chance of living through the winter, unless you have exactly
the right mini-climate right by the foundation of the house. Even so...not
likely.


Storm windows count as fixtures, too, even though they're removed from the
windows during certain seasons.

If it's the season that the storm windows aren't on the house, and they're
not stored on the property, the buyer should ask, but even if they don't,
they could still be entitled to the missing storm windows as they are
legally part of the real estate. If it's the season that the lily are
dug-up, and not in place, the buyer may still be entitled to the bulbs just
like the storm windows that aren't currently in place.

The OP has stated that they're going to be taking the bulbs before putting
the house on the market. But if the buyers are buying the house during the
season that the bulbs would normally be out of the ground, there is still
the possibility that they will be considered exactly like the storm windows
that aren't up in the off-season -- especially if there is an empty space in
the landscaping where the bulbs came from.

However, if some other landscaping replaces the missing lilies, you're into
a situation similar to a remodel. Just as a buyer isn't entitled to storm
windows replaced by new storm windows in a remodel, they wouldn't be
entitled to the old landscaping (the bulbs) when new landscaping replaces
them. (This, of course, would only apply to a situation in which the action
was taken before putting the house on the market.)

If the lilies are missing, and it's not the season that they would normally
be dug-up, then the OP could be safer in not replacing them with something
else, but I wouldn't say it's a slam-dunk. I can still imagine some valid
arguments the buyer could make in some convulsed situations. The deciding
factor in those cases may be the arguments made in defense of the missing
lilies, so it may still be advisable to put something else in that empty
space.

Would a buyer make a stink about missing lilies bulbs that weren't in the
ground when they actually bought the house? Probably not. But they might be
a gardening nut, and they might have knowledge that lilies have always been
in those empty spots. Or if they have a big case of buyer's remorse they
might include it on a "laundry list" of problems post-sale. But even if it's
unlikely that they're raise the issue, it is such an easy thing to plant
something in their place, or listing lilies (or lily bulbs) as a fixture
that is being excluded from the sale just as people frequently list ornate
chandeliers.

Why not do it right when doing it right is so simple? What's the incentive
do not do the right thing?

--
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::
http://www.holzemville.com/mall/blackanddecker/





  #11   Report Post  
Old 25-08-2005, 07:53 PM
Doug Kanter
 
Posts: n/a
Default


"Warren" wrote in message
...

"Doug Kanter" wrote in message
...
Right....that's why we dig them up. That also lets the air out of
Warren's comments. They may be part of the landscape when they're
growing, but they have a slim chance of living through the winter, unless
you have exactly the right mini-climate right by the foundation of the
house. Even so...not likely.


Storm windows count as fixtures, too, even though they're removed from the
windows during certain seasons.

If it's the season that the storm windows aren't on the house, and they're
not stored on the property, the buyer should ask, but even if they don't,
they could still be entitled to the missing storm windows as they are
legally part of the real estate. If it's the season that the lily are
dug-up, and not in place, the buyer may still be entitled to the bulbs
just like the storm windows that aren't currently in place.

The OP has stated that they're going to be taking the bulbs before putting
the house on the market. But if the buyers are buying the house during the
season that the bulbs would normally be out of the ground, there is still
the possibility that they will be considered exactly like the storm
windows that aren't up in the off-season -- especially if there is an
empty space in the landscaping where the bulbs came from.

However, if some other landscaping replaces the missing lilies, you're
into a situation similar to a remodel. Just as a buyer isn't entitled to
storm windows replaced by new storm windows in a remodel, they wouldn't be
entitled to the old landscaping (the bulbs) when new landscaping replaces
them. (This, of course, would only apply to a situation in which the
action was taken before putting the house on the market.)

If the lilies are missing, and it's not the season that they would
normally be dug-up, then the OP could be safer in not replacing them with
something else, but I wouldn't say it's a slam-dunk. I can still imagine
some valid arguments the buyer could make in some convulsed situations.
The deciding factor in those cases may be the arguments made in defense of
the missing lilies, so it may still be advisable to put something else in
that empty space.

Would a buyer make a stink about missing lilies bulbs that weren't in the
ground when they actually bought the house? Probably not. But they might
be a gardening nut, and they might have knowledge that lilies have always
been in those empty spots. Or if they have a big case of buyer's remorse
they might include it on a "laundry list" of problems post-sale. But even
if it's unlikely that they're raise the issue, it is such an easy thing to
plant something in their place, or listing lilies (or lily bulbs) as a
fixture that is being excluded from the sale just as people frequently
list ornate chandeliers.

Why not do it right when doing it right is so simple? What's the incentive
do not do the right thing?


that last question, I'd say common sense. If the BBQ's out in the
driveway when the realtor arrives with a couple of lookers, can it be
considered part of the house? If the lookers aren't gardeners, and don't
realize that in their particular climate, cannas come out of the ground in
the winter, can they seriously expect to make an issue out of the plants? In
this case, the "right thing" is to save the lives of the plants.


  #12   Report Post  
Old 25-08-2005, 08:34 PM
Warren
 
Posts: n/a
Default

Doug Kanter wrote:
that last question, I'd say common sense. If the BBQ's out in the
driveway when the realtor arrives with a couple of lookers, can it be
considered part of the house?


It depends on whether it's a built-in or a free standing BBQ. A free
standing BBQ is furnature. Personal property. Not a fixture. Not part of the
real property.

A built-in is a fixture, not matter how easily it can be removed. If a
fixture is normally removed seasonally, then it's still a fixture even if
it's not in place. It's not personal property. It's still part of the real
property. A buyer should perform due dilligence to make sure that the
missing fixture still exists, and will be left for them, but lack of due
dilligence by the buyer doesn't necessarily take the seller off the hook.

If the lookers aren't gardeners, and don't realize that in their
particular climate, cannas come out of the ground in the winter, can they
seriously expect to make an issue out of the plants? In this case, the
"right thing" is to save the lives of the plants.


I never said not to save the life of the plants. The "right thing" is to
take down storm windows in the summer, too. But those actions do not affect
whether the items are fixtures, and part of the real property. The "right
thing" I'm referring to has to do with how you handle fixtures that will not
be part of the sale of the real property.

Technically, if it's the season that the bulbs should be out of the ground,
those bulbs are still part of the real property, and should be available to
the buyer to replant at the correct time. If that's not the intention, and
the seller wants to take the bulbs with them, they need to handle the
situation just like any other fixtu Either replace the fixture with
something else prior to putting the real property on the market, or
specifically exclude the fixture from the sale by including that exclusion
in the sales agreement.

--
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::
http://www.holzemville.com/mall/blackanddecker/



  #13   Report Post  
Old 25-08-2005, 09:00 PM
Warren
 
Posts: n/a
Default

Let me clarify one of my points.

I said, "Why not do the right thing?"

There are essentially three reasons: Accidential ommission, ignorance, or
fraud. Accidental ommission and ignorance can save a layman from punitive
damages, but if the issue is raised, they'd still have to take corrective
action, or compensate the buyer. Any broker involved cannot plead ignorance
about whether something is a fixture or not. They may be able to claim
ignorance of your unilateral actions, but if they know you did something,
even if you did it out of ignorance, their duty is to say something.

There also is a very real possiblity that the buyer may never realize that
anything is wrong, or that they have a cause of action. But what if they do?
Any broker that is aware of the situation, but gambles that the buyer won't
realize what they're entitled to is acting unethically even if the buyer
never realizes something is wrong.

The right thing is so simple. Either replace the fixture before putting the
real property on the market, or exclude it from the sale. Taking either of
these paths will resolve the issue completely. What is the incentive to
knowingly not exclude a fixture you're planning on taking with you from the
sale? The only incentive to not exclude the fixture from the sale is fraud.
Accidental ommission, or ommisoin because of ignorance is not an incentive.
Fraud is the only incentive. Are a few bulbs worth committing fraud?

What I'm asking is if you know that you're going to take a fixture with you,
other than fraud, what other incentive is there to not do the right thing?

--
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::
http://www.holzemville.com/mall/blackanddecker/



  #14   Report Post  
Old 25-08-2005, 09:02 PM
paghat
 
Posts: n/a
Default

In article , "Doug Kanter"
wrote:

"Warren" wrote in message
...

"Doug Kanter" wrote in message
...
Right....that's why we dig them up. That also lets the air out of
Warren's comments. They may be part of the landscape when they're
growing, but they have a slim chance of living through the winter, unless
you have exactly the right mini-climate right by the foundation of the
house. Even so...not likely.


Storm windows count as fixtures, too, even though they're removed from the
windows during certain seasons.

If it's the season that the storm windows aren't on the house, and they're
not stored on the property, the buyer should ask, but even if they don't,
they could still be entitled to the missing storm windows as they are
legally part of the real estate. If it's the season that the lily are
dug-up, and not in place, the buyer may still be entitled to the bulbs
just like the storm windows that aren't currently in place.

The OP has stated that they're going to be taking the bulbs before putting
the house on the market. But if the buyers are buying the house during the
season that the bulbs would normally be out of the ground, there is still
the possibility that they will be considered exactly like the storm
windows that aren't up in the off-season -- especially if there is an
empty space in the landscaping where the bulbs came from.

However, if some other landscaping replaces the missing lilies, you're
into a situation similar to a remodel. Just as a buyer isn't entitled to
storm windows replaced by new storm windows in a remodel, they wouldn't be
entitled to the old landscaping (the bulbs) when new landscaping replaces
them. (This, of course, would only apply to a situation in which the
action was taken before putting the house on the market.)

If the lilies are missing, and it's not the season that they would
normally be dug-up, then the OP could be safer in not replacing them with
something else, but I wouldn't say it's a slam-dunk. I can still imagine
some valid arguments the buyer could make in some convulsed situations.
The deciding factor in those cases may be the arguments made in defense of
the missing lilies, so it may still be advisable to put something else in
that empty space.

Would a buyer make a stink about missing lilies bulbs that weren't in the
ground when they actually bought the house? Probably not. But they might
be a gardening nut, and they might have knowledge that lilies have always
been in those empty spots. Or if they have a big case of buyer's remorse
they might include it on a "laundry list" of problems post-sale. But even
if it's unlikely that they're raise the issue, it is such an easy thing to
plant something in their place, or listing lilies (or lily bulbs) as a
fixture that is being excluded from the sale just as people frequently
list ornate chandeliers.

Why not do it right when doing it right is so simple? What's the incentive
do not do the right thing?


that last question, I'd say common sense. If the BBQ's out in the
driveway when the realtor arrives with a couple of lookers, can it be
considered part of the house? If the lookers aren't gardeners, and don't
realize that in their particular climate, cannas come out of the ground in
the winter, can they seriously expect to make an issue out of the plants? In
this case, the "right thing" is to save the lives of the plants.



When we sell our place I'm taking as much of the garden with me as
possible. It's over-planted by most peoples' standards anyway & it'll
still look like a jungle even if I take my favorite least replaceable
perennials & half to two-thirds of the rhody collection (other big shrubs
probably won't be moved as it'd be too hard & some of them might not
survive uprooting, but rhodies are easy to move). The house is so big that
it'll probably sell to a family that wants more lawn for children & a dog
to play, & some of the gardens would be sacrified even if I left
everything behind. But it'll be discussed with potential buyers so that
nobody's unhappy with what happens.

We've only recently been giving these things consideration as we have a
lot of equity in the house due to skyrocketing values, & we're thinking we
could sell it & buy a serious country property & run a specialty nursery &
have chickens & wander about naked on the land if we want, stuff that's
hard to pull off on a city-suburban property. Plus my sweety wants to work
for a certain super cool non-profit that's an hour away, & land is still
relatively cheap halfway there. She works for a pretty good non-profit now
but they're always struggling financially & the politics of the joint are
getting un-fun. But maybe it's all pipedreaming & we'll stay right here.

-paghat the ratgirl
--
Get your Paghat the Ratgirl T-Shirt he
http://www.paghat.com/giftshop.html
"In every country and in every age, the priest has been hostile to
liberty. He is always in alliance with the despot." -Thomas Jefferson
  #15   Report Post  
Old 25-08-2005, 09:09 PM
Doug Kanter
 
Posts: n/a
Default


"Warren" wrote in message
...
Doug Kanter wrote:
that last question, I'd say common sense. If the BBQ's out in the
driveway when the realtor arrives with a couple of lookers, can it be
considered part of the house?


It depends on whether it's a built-in or a free standing BBQ. A free
standing BBQ is furnature. Personal property. Not a fixture. Not part of
the real property.

A built-in is a fixture, not matter how easily it can be removed. If a
fixture is normally removed seasonally, then it's still a fixture even if
it's not in place. It's not personal property. It's still part of the real
property. A buyer should perform due dilligence to make sure that the
missing fixture still exists, and will be left for them, but lack of due
dilligence by the buyer doesn't necessarily take the seller off the hook.

If the lookers aren't gardeners, and don't realize that in their
particular climate, cannas come out of the ground in the winter, can they
seriously expect to make an issue out of the plants? In this case, the
"right thing" is to save the lives of the plants.


I never said not to save the life of the plants. The "right thing" is to
take down storm windows in the summer, too. But those actions do not
affect whether the items are fixtures, and part of the real property. The
"right thing" I'm referring to has to do with how you handle fixtures that
will not be part of the sale of the real property.

Technically, if it's the season that the bulbs should be out of the
ground, those bulbs are still part of the real property, and should be
available to the buyer to replant at the correct time. If that's not the
intention, and the seller wants to take the bulbs with them, they need to
handle the situation just like any other fixtu Either replace the
fixture with something else prior to putting the real property on the
market, or specifically exclude the fixture from the sale by including
that exclusion in the sales agreement.


Based on this logic (and you KNOW I'm kidding), fake leaves should be glued
to the trees if the buyer made the purchase offer before autumn.


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