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Happily playing in the dirt today at my rented house, making plans to buy plants, when a thought occurred to me - if I buy a plant and plant it in the ground, when I leave, is the plant mine to dig up and take with me if I so choose? I'm thinking of shrubs and perennials here...
I would view anything you put in the ground as legally a permanent addition/fixture which becomes the property of the LL. Anything you put into pots you can take. I've lived in many rentals which I've improved through plantings - not because I've had to but because I want to and love gardening. I've never spent much money as seeds are inexpensive and I go for stem/leaf propagation. Never spent money on already-potted plants other than for a few which go into my own pots and which I've taken. Happy tenant, happy LL has usually resulted in no or very minimal rent increases!
Happily playing in the dirt today at my rented house, making plans to buy plants, when a thought occurred to me - if I buy a plant and plant it in the ground, when I leave, is the plant mine to dig up and take with me if I so choose? I'm thinking of shrubs and perennials here...
haven't read the whole thread, but what does your lease and/or landlord say about your landscaping plans?
I agree with STT. I imagine they are hoping you will give the place a little curb appeal. Did they lower the rent or anything for you? That'd be a dead giveaway. If I were you, I would plant some things but anything I really liked, I would put in a container so when I moved, it could be transported with me. I know that's probably easier said than done, especially with large plants but it's a viable option.
As it sounds like you are on good terms with the LL, you should pose this question to them. If they say you can take the plants when you go, get it in writing so there is no dispute later.
Plants or other landscaping materials would become part of the property. However, as long as you're on good terms with the landlord, you should be able to come to an agreement that you'll be able to take those things that you plant. The only concern would be that you'd need to remove anything before the house became listed for sale---otherwise the landlord would have to note the plants as an exclusion in the sales contract, which could become messy since a purchaser might object to that.
Legally, when you attach something to the land, it stays with the land. So, by planting the plants into the soil, they become part of the property, and no longer your personal property.
That said, I'd dig them up when I left and let the LL sue me for them lol! But, legally, they become part of the property, and no longer your personal property.
Here's an explantion of this law, cut and pasted from here:
"...Subject to the doctrine of accession, personal property can become real property through its transformation into a fixture. A fixture is a movable item that was originally personal property but has become attached to, and associated with, the land and therefore is considered a part of the real property. For example, a chandelier mounted on the ceiling of a house becomes a fixture."
Legally, when you attach something to the land, it stays with the land. So, by planting the plants into the soil, they become part of the property, and no longer your personal property.
That said, I'd dig them up when I left and let the LL sue me for them lol! But, legally, they become part of the property, and no longer your personal property.
Here's an explantion of this law, cut and pasted from here:
"...Subject to the doctrine of accession, personal property can become real property through its transformation into a fixture. A fixture is a movable item that was originally personal property but has become attached to, and associated with, the land and therefore is considered a part of the real property. For example, a chandelier mounted on the ceiling of a house becomes a fixture."
Thanks, this is very useful to know.
So it seems that if I buy a birdbath and set it on the ground, it remains mine, but if I embed the birdbath in a little concrete, it becomes the LL's. Or if I buy a bookcase and attach it to the wall, the bookcase becomes the LL's. But a picture remains mine, because it is hung from a hook in the wall, while the hook technically becomes the LL's. (Not that I think most landlords, including mine, would fight over the bookcase or the picture. But maybe the birdbath...)
This is pure curiosity on my part, I often find law entertaining - but not enough to go to law school!
So it seems that if I buy a birdbath and set it on the ground, it remains mine, but if I embed the birdbath in a little concrete, it becomes the LL's. Or if I buy a bookcase and attach it to the wall, the bookcase becomes the LL's. But a picture remains mine, because it is hung from a hook in the wall, while the hook technically becomes the LL's. (Not that I think most landlords, including mine, would fight over the bookcase or the picture. But maybe the birdbath...)
This is pure curiosity on my part, I often find law entertaining - but not enough to go to law school!
LOL! I enjoy the law, too. Yes, you're right on all of the above, including most LLs not caring about detaching a bookcase, other than to want you to patch the holes .
Seems to me you be helping the current LL sell the place. And the New owner would figure the plants & other improvements were his.
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