North American Fruit Explorers mailing list at ibiblio

[Ginda Fisher <list@ginda.us>]

...... Original Message .......
On Fri, 4 Apr 2008 09:19:56 -0400 Road's End Farm 
<organic87@frontiernet.net> wrote:
>
>On Apr 4, 2008, at 7:42 AM, Randall Burd wrote:
>
>> I am moving from NJ to MD at the end of June. My backyard orchard 
>> includes
>> eight apple trees on M9 and B9. I got the trees from a catalog nursery 
>> in
>> both 2006 or 2007. None are so large that I cannot dig them up. My 
>> plan for
>> my new orchard will include around 15-20 trees eventually.
>>
>> My question: dig 'em up and move then or leave them here in NJ to the 
>> fate
>> of an indifferent new homeowner?
>>
>> Thanks.
>>
>> Randy
>
. . .
>I don't know what the real estate law is in NJ, but it may well state 
>that plantings in the ground are part of the place unless specified 
>otherwise. . .

I know that plantings are included as part of the property unless 
explicitly excluded in MA.  I also know of several cases where the sales 
documents explicitly stated that such-and-such a bush was excluded from the 
sale, or the seller would take divisions from the hosta collection within 
such-and-so a timeframe of the sale.

So there's no problem doing this so long as you get your realtor to write 
it up clearly.
___
Ginda