Moving House: Why Taking Your Garden Plants Could Cause Legal Issues
At Leightons Estate Agents, we understand that moving house is a major life event, often filled with stress and excitement in equal measure. Among the many considerations when preparing for a move, one factor that often gets overlooked is what happens to your beloved garden plants. While taking them with you may seem like a simple decision, it could actually lead to unexpected legal complications and disputes with your buyers.
Can You Take Plants With You When You Move?
Your garden is an integral part of your property’s appeal. Many buyers consider the outdoor space just as important as the interior, with beautifully landscaped gardens often adding significant value to a home. In fact, research from eXp UK found that 23% of buyers would offer up to 20% below the asking price (more than £57,000 on the current UK average house price of £285,000) if the front garden was unkempt or unappealing.
Given the value that gardens add to properties, it’s important to clarify what you intend to take with you. Legally, some plants may be considered fixtures and cannot be removed without agreement from the buyer.
What the Law Says About Garden Plants
When you sell a home, the Fixtures and Fittings Form (TA10) outlines what is included in the sale. Certain plants, particularly those growing in the ground, are legally classified as fixtures and part of the property. If they are removed without prior agreement, the buyer could potentially take legal action.
“Buyers who sign the contract and move in only to find that the garden has been stripped of plants may feel deceived. Replacing an established garden can take years, making it crucial for sellers to disclose their plans before contracts are signed.”
How to Avoid Disputes
To ensure a smooth transition, sellers should:
- Declare all plants they intend to take on the TA10 form.
- Communicate openly with buyers through their estate agent or solicitor.
- Be prepared to negotiate if buyers have strong feelings about certain plants remaining.
What About Potted Plants?
While potted plants are typically considered personal property and can be taken, it’s still best to declare them on the TA10 form. Buyers may assume potted plants are included, especially if they have been part of the home’s staging during viewings.
Tips for Moving Your Plants Safely
If you plan to take plants with you, proper preparation is key
Taking cuttings or seeds rather than uprooting mature plants, which can be difficult to re-establish.
- Uprooting only in dormant seasons (autumn and winter) to minimise shock.
- Watering and preparing plants in advance by placing them in temporary pots for easier transportation.
Additionally, removals experts at Master Movers recommend:
- Placing potted plants in a well-ventilated area before moving to reduce stress.
- Minimising watering before transit to prevent water damage.
- Packing uprooted plants properly, wrapping roots in damp cloths or sheeting to keep them moist.
Don’t Forget Your Houseplants!
Houseplants can also struggle with the transition. Ensure they are transported carefully and acclimate them gradually to their new home environment. Companies like Patch Plants provide useful tips for minimising shock and keeping your indoor plants healthy during a move.
Final Thoughts
At Leightons Estate Agents, we always advise clear communication and careful planning when it comes to moving house. If you have a particular plant that holds sentimental or financial value, be transparent about your intentions early in the selling process. This ensures a smoother transition for both you and your buyers while maintaining goodwill and avoiding unnecessary legal issues.
If you’re considering selling your home, contact Leightons Estate Agents today for expert advice on preparing your property for sale – including how to handle your garden in the best way possible.
Adapted from Saga
Thanks for reading
Michael
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