Cannas and lilies

I am a Realtor (r).

But, even the law allows for the fact that logic doesn't jive with

I NEVER said any such thing. I never even implied or infered such a thing. In fact, I think I implied the oposite.

Leaving the cannas in the ground when they should have been lifted would be neglecting normal maintenance. You don't get to stop maintaining the property upon acceptance of an offer. You still have to mow the lawn. You still have to vaccuum the carpet. You still have to fix a roof that starts leaking. You're still the care taker of the property. Not lifting the bulbs when they should be lifted is neglecting your responsiblity to maintain the real property.

Just like storm windows, if you seasonally remove a fixture, the fixture should remain on the property. Whether you bother to give the new owner instructions is up to you. Plenty of homeowners have discovered that each storm window only fits over a specific window, and the previous owner left no instructions. It's not a very nice thing to do to the next owner, but it's not required that you're nice. It's only required that you not take fixtures with you unless you have an agreement to do so.

I'm not following why you think falling leaves has anything to do with the discussion.

The tree is a fixture. If you cut down, removed, or significantly damaged the tree, there's a problem. But I don't understand how that has anything to do with falling leaves. I don't follow how you can even twist the theory of what's real property and what's personal property around to something as odd as this. Your thought is definitely not following any kind of logic.

How did this become such a big deal? Plants are fixtures. Fixtures are part of real property. When you sell the real property, the fixtures go with the property. If a seller wants to remove a fixture, that needs to be part of the agreement with the buyer. The property and the fixtures need to be properly maintained by the seller between accepting an offer, and turning over possession after closing.

If maintain the plant involves lifting the bulbs, then that process continues regardless of what's happening with any sale of the property. The seller continues maintaining the property as long as they own the property. Once the buyer takes possession the buyer can do whatever they want with the landscape (within the laws and CC&R's). At that point they, the new owner, can dispose of any of the fixtures as they see fit.

There's nothing complex about this whole process. The problem comes when the seller doesn't recognize a fixture is a fixture. And plants, with the exception of the harvest from annual crops, are fixtures.

Remember to treat your cannas as fixtures. That is, if you intend to take them with you, it needs to be part of the agreement with the buyer. If you don't intend to take them with you, they need to be properly maintained. If that includes lifting them for the season, so be it. The loose bulbs are still fixtures just as storm windows are fixtures in the summer. Very simple.

Reply to
Warren
Loading thread data ...

snipped-for-privacy@netscape.net (paghat) expounded:

Same here, for mostly the same reasons. I'll write it into the P&S. And leave some of whatever is dividable.

Sounds like fun. Nekkid garden raindancing :o)

Sounds like lots of good reasons. Prices around here are unbelievable, and the taxes are equally unreal. I dream of moving up to Maine, hubby would be thrilled if I did finally sell here, but it's so hard to leave 27 years of gardening and family memories......We'll see.

Reply to
Ann

I doubt that very much, but....oh well.

Reply to
Doug Kanter

HomeOwnersHub website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.