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Can I take a tree?

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  • fishpond
    fishpond Posts: 1,022 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Yes, sorry, I should have thought of that.
    It is not the ideal time of the year to move it, although you may be successful, on the other hand you may not be.
    I am a LandLord,(under review) so there!:p
  • phoebe1989seb
    phoebe1989seb Posts: 4,452 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I agree that it's not the best time to uproot a tree, but also feel that could you do it successfully, your buyers would most likely understand if you explain the sentimental reasons for taking it with you........

    When we moved in May 2011 we explained to our buyers that we were going to dig up a few plants also for sentimental reasons - they had come from my late grandparents' house and we had removed them when it was sold in 2008 - one in particular I remembered being there in my childhood. It's now thriving in our current garden.

    We actually chose to leave a tree that was also from my grandparents' garden - wish we'd taken it now as we later discovered our buyers were given a chainsaw as a house warming present and within a fortnight they had completely decimated every tree (and there were some amazing specimen trees :() to make more space for their dogs :o
    Mortgage-free for fourteen years!

    Over £40,000 mis-sold PPI reclaimed
  • y5d
    y5d Posts: 101 Forumite
    Could you take a cutting?
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Lagoon wrote: »
    If you could take it without doing noticeable damage, then as a buyer I'd be happy for you to do so, but it's a tricky subject.

    I wouldn't necessarily expect you to replace the tree, but I'd want to see no sign that you'd taken one OR have you pay a reasonable amount of money to repair the damage some other way (though this could get more expensive).

    If I viewed the garden with a large tree I would notice if it was missing.

    In my case I probably be grateful you removed it but be peeved that there is an empty space.

    I would talk to the vendors and see if they wanted a replacement tree or a suitable shrub, to replace your important present.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • grifferz
    grifferz Posts: 568 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    As a (paranoid) buyer I would make sure that any tree I wanted to remain was specifically noted as staying with the other fixtures and fittings.

    Your buyer may not have thought about it though so at the very least you should mention it. You can expect different people to care differently all the way from "not at all" to "oh my god I'm going to sue".
  • gallygirl
    gallygirl Posts: 17,240 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You could say you would like to take it and ask what they would like put in its' place? Or offer x amount of garden centre vouchers?
    A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort
    :) Mortgage Balance = £0 :)
    "Do what others won't early in life so you can do what others can't later in life"
  • tunnel
    tunnel Posts: 2,601 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    grifferz wrote: »
    As a (paranoid) buyer I would make sure that any tree I wanted to remain was specifically noted as staying with the other fixtures and fittings.

    Your buyer may not have thought about it though so at the very least you should mention it. You can expect different people to care differently all the way from "not at all" to "oh my god I'm going to sue".

    Lol, that would have been me, I have a large palm tree in my garden which I've since found out that the vendor tried to dig out to take with him. Had he succeeded I would have definitely consulted with a solicitor as it wasn't in the f&f list and it was one of the things that attracted me to the house.

    The purchaser is buying the house and garden after all.

    I've since added to the palm so its not on its own, its like my own little oasis. Yes i'm that sad.
    2 kWp SEbE , 2kWp SSW & 2.5kWp NWbW.....in sunny North Derbyshire17.7kWh Givenergy battery added(for the power hungry kids)
  • Wobblydeb
    Wobblydeb Posts: 1,046 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    As a buyer I would be unhappy if it wasn't noted in the F&F list that the tree was being removed. For me, a mature garden, especially trees, have a significant value. They provide instant structure, interest and colour, that would take years to replace. If there were two identical houses, one with mature garden, and one with just a lawn, the one with the mature garden would be worth more.
    I've got a plan so cunning you could put a tail on it and call it a weasel.
  • phoebe1989seb
    phoebe1989seb Posts: 4,452 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 19 May 2013 at 10:29PM
    Wobblydeb wrote: »
    As a buyer I would be unhappy if it wasn't noted in the F&F list that the tree was being removed. For me, a mature garden, especially trees, have a significant value. They provide instant structure, interest and colour, that would take years to replace. If there were two identical houses, one with mature garden, and one with just a lawn, the one with the mature garden would be worth more.

    My thoughts exactly as I also much prefer a mature garden - in fact the one we have currently was the main reason for choosing to buy this particular house as it has some amazing trees and established shrubs :D

    Makes me all the more incensed that the buyers of our last house went mad with the chainsaw so soon after completion - but as it was their garden to do with as they pleased my opinions are irrelevant, never mind that the gardens complemented the style and character of the property :o

    Depending on the size of the tree concerned* - and the buyers' viewpoint towards gardens of course (if we'd asked our buyers what they intended to do with our then garden and they'd told us of their plans, I would have definitely asked if they'd mind us removing a few more established plants!) - I would agree that offering to replace the tree in question or else giving garden centre vouchers in exchange for its removal seems like a good compromise.......

    *Edited to add - whoops, sorry just re-read first post and seen the tree is 4'.......
    Mortgage-free for fourteen years!

    Over £40,000 mis-sold PPI reclaimed
  • Valli
    Valli Posts: 25,455 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    My understanding is no, you cannot; they are part of the fixtures and fittings. Not without the agreement of the purchaser anyway.

    However, when we viewed this property there was a 'small' apple tree in situ. I commented on it when we were viewing; so the vendors knew I knew about it but it had gone by the time we moved in.

    But I chose not to argue it or go down the legal route.
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
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