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nafex - Re: [NAFEX] Move trees or start all over again?

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  • From: "Randall Burd" <burdrs@comcast.net>
  • To: "'North American Fruit Explorers'" <nafex@lists.ibiblio.org>
  • Subject: Re: [NAFEX] Move trees or start all over again?
  • Date: Fri, 4 Apr 2008 13:40:37 -0400

To all,

I have informed the buyer using all the needed official legal documents that
I will be moving the trees.

The advice that I need: is it better to dig up and move 2-3 yr old trees or
start from scratch?

Thanks.

-----Original Message-----
From: Ginda Fisher [mailto:list@ginda.us]
Sent: Friday, April 04, 2008 10:37 AM
To: North American Fruit Explorers
Subject: Re: [NAFEX] Move trees or start all over again?




...... 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






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