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Can I dig up my newly planted tree & take it with me?

48 replies

maldivemoment · 04/08/2021 16:23

Just that really. Have a beautiful little tree which I planted last year. Moving to a new property (hopefully 🤞🏻) in a few weeks. Can I dig it up and put it in a container to take to the new place? We’re in Scotland if that makes a difference.

OP posts:
Frenchfancy · 04/08/2021 17:27

Do it. Tell the buyers it has sentimental value.

Namechangeforthis88 · 04/08/2021 17:44

This is 1.1.4 of the Scottish standard clauses, the property is sold with... the following insofar as any were in or pertained to the property when viewed by the Purchaser...all growing plants.

It just so happens I had a copy to hand. I'd ask them if I were you, they might not care. Quite a few of our viewers took photos. We did. So it would be easy to show something had been removed. They might come back at you just to see if they get a few quid out of you. I'd probably just buy a new tree if I was you. Who wants to be digging holes as a matter of urgency the day after they move house.

Namechangeforthis88 · 04/08/2021 17:45

It's probably worth reading the standard clauses! I imagine you have signed somewhere to say that you have.

Disfordarkchocolate · 04/08/2021 17:45

In England there is an expectation that if its planted it stays but pots go with you.

Didn't stop the our vendor leaving holes in the garden.

Listener2021 · 04/08/2021 17:53

Maybe ask your vendors.
We left a lovely small garden, with roses and plants and a crab apple tree, all of which we could and would have moved if we'd known everything would be taken out and the whole recovered with play bark.

maldivemoment · 04/08/2021 17:58

Thank you all. Think I’ll run it past our buyers first. 👍🏻

OP posts:
TheAwfuITruth · 04/08/2021 18:01

@maldivemoment

Thank you all. Think I’ll run it past our buyers first. 👍🏻
Just say it has sentimental value to you, but if they like you could plonk a little fruit tree in or something
newyeardelurker · 04/08/2021 18:01

I moved an established red dogwood from our front garden to back, it was fine. I'd assume this is the same family from its name and give it a try. Just re the tree moving part, not the legality or ethics!

maldivemoment · 04/08/2021 18:03

No idea what that square thing is!

OP posts:
Standrewsschool · 04/08/2021 18:05

It’s a pretty tree.

Wolframhart · 04/08/2021 18:07

When we moved into our new build property, our neighbors had accidentally planted a very sentimental tree on our side of the boundary line. They consulted an expert and found out how to move the tree safely, but timing was actually crucial. We agreed the tree could stay for about 8 months until it was safe to dig up.

MrsRussell · 04/08/2021 18:11

We took two pear trees that we'd planted, when we moved house - they were about five years old.

tillytoodles1 · 04/08/2021 18:23

You must tell the buyers you've taking it, otherwise its rude. We bought a house with a beautiful garden, only to find that the sellers had taken most of the plants with them. They hadn't mentioned anything so we thought they'd still be there when we moved in.

surreygirl1987 · 04/08/2021 18:49

But in the contract don't you have to tick boxes on what you will / won't be taking? We had to. It included things like light fittings, shrubs etc...

BarkingUpTheWrongRoseBush · 04/08/2021 20:55

I did this, 6.5 foot flowering cherry. It had been in a year. Watered it well , dug up on a rainy day. Put in large pot with lots of soil. It lived happily in a pot for several months till I got around to replanting it.

It’s thriving,just keep it watered when you replant it.

I asked buyers if they minded my taking plants and they said fine take whatever.

But just say on fixtures and fittings firm which plants you are taking.

Candyapple49 · 04/08/2021 21:08

I took some sentimental rose bushes , but I did say that I was going to on the fixtures and fittings forms . Not sure whether I would have noticed whether the seller of our new house had taken any though .

BarkingUpTheWrongRoseBush · 05/08/2021 07:34

I took most of the garden and went back for more, with permission, after they’d moved in. They were not gardeners and it was a v nice flower filled back yard.

Telegram · 05/08/2021 09:28

Just take it! And put an inconspicuous tree or shrub from the garden in its place. I doubt they have even noticed it!

BlueMongoose · 05/08/2021 09:54

Does the new garden have similar soil and climate conditions?

LopsidedWombat · 05/08/2021 10:35

I am in the process of buying a place and the vendor has used the fixtures and fittings form to let me know that they will be taking some of the plants from the garden, could you do that if you're worried? I wasn't fussed personally and don't even remember what was in the garden Grin

bilbodog · 05/08/2021 10:41

Tell your buyers just to be polite and dig it up about a week before you go. Put it in a pot large enough that you dont need to squish the roots and use good quality compost - then take sure you keep it well watered until you plant in new spot.

IS0D0RA · 05/08/2021 11:53

If you have not concluded missives then ask your solicitor to amend the contract - the standard clauses can be changed or omitted . If you have concluded, then ask nicely and offer to plant a similar tree in the space.

Personally I’d just buy another one and plant it at your new house . It’s an excellent tree for a small garden with several seasons of interest. However it needs a bit of space around it to show off its lovely form.

Viviennemary · 05/08/2021 11:54

No. Unless you get the permission of your buyer. In pots yes in the ground no. AFAIK.

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