The Garden Community for Garden Lovers

Re How can I resolve someone's claim to my garden plants?

United Kingdom Gb

Thanks guys for your advice! Much appreciated and I feel firm about going back to them to say politely, sorry but no. If I ever got rid of the pond (unlikely, but I might move it), then that would be the only time I would think to do anything with the pond plants, but to me, minimal upheaval is desirable. Thanks again, you've bolstered my indignation! I shall stand firm....But anyway, if anyone knows how to split irises or water lilies, it would be useful to know for when I want to spread them around the pond once they're bigger. Thanks.



Personally I think she's got a bloomin cheek. When you sell a house you have to list what's to keep or not to keep, then it's all down to the squabbling afterwards. I'd say after such a long time she shouldn't be able to lay claim to the plants. Otherwise who's to say what the time limit is - 10 months or 10 years, shouldn't make any difference. I'd say she should have taken them when she moved out. Surely it would be best for her to start afresh with new plants anyway, you never know what you're spreading if you move things like pond plants. You were good enough to offer them to her earlier on, but if she wasn't efficient enough, I'd say toughdy-doo-dahs, it's yours now.

12 Apr, 2009


I'd agree with gf. Anything she wanted to take should either have been taken with her or listed when you exchanged contracts.

12 Apr, 2009


I think you will find that what is left after you moved in is now technically yours. Anything she wanted should have been removed before you moved in. I will confirm it with one of my daughters who specialises in property law and get back to you. Unfortunately I have just phoned her and she is not available at the mo.

12 Apr, 2009


Pfft cheeky woman!!! Afraid i think the same as Greenfingers 7 months!!! why didn't she take them same time as others....tut think she's got a blooming cheek (sorry for pun)
Hope Lizinskips daughter can help.

12 Apr, 2009


When selling any property the buyer purchases as seen unless previously agreed in writing. When I moved, I listed everything I wanted from the garden and got the new owner to sign their agreement on my plant list. No problems ensued.

Your ex owner should have done the same when she sold. Otherwise it's as detailed in the agent's sales details. That's what they're for.

Pond lillies are easily divided with a pair of back-to-back forks, in fact pretty much every pond plant I've ever come across is very easily divided without harm or ill-effect and they grow fast.

If you get down to Devon this summer I'll split up a gunnera for you. But you bring the bucket!

12 Apr, 2009


You know what you can split anything just go out dig some up and give her nice gift basket and let her know how greatful you are and how beautiful the garden is she has left behind I'm sure their is enough for both of you. Just one opinion truly you will do what you think is best for you.
That is what I would do. Just take the high road. Life is much easer that way.

12 Apr, 2009


pond water lilies are easy to split. the fat rhizome can be cut with a knife [bread knife in my husbands case!]. as long as there is a growing point on each piece you have 2 plants etc.
are the irises the rhizome type? if so its the same as the lily really. just cut the rhizome up with a leafy shoot on each piece.

I missed the first part of your conversation but when we moved we had to point out which plants were coming. anything that wasnt specified stayed the property of the new owner.
if you are splitting the pond plants anyway why not offer her a piece of each as a goodwill and one off jesture?

12 Apr, 2009


Absolutely agree with the first suggestion. There is a Sellers Property Information List and the laws about fixtures and fittings to consider but once the woman has left the property and the TR1 form has been sent to the Land Registry with your name on the title then she has absolutely no claim to any of the plants. They should have taken the plants they wanted within reason when they had the opportunity, legally she has no claim. If you are lifting everything and replacing some of the plants you could kindly let her know and she can come and take them away if you don't mind that. Up to you.

12 Apr, 2009


Almost forgot!

Pond lillies can drown! So don't be in too much of a hurry to sink them very deep expecting them to reach the surface in a couple of weeks. Ordinarily they use a snorkel arrangement to provide themselves with air. You can see this if you cut across any stems. They can go without for a time while they grow taller (say 4-6 inches when the water is warmer) but don't ask them to do too much too soon - especially in cold water when they're not growing much.

13 Apr, 2009


Sorry I took so long in getting back to you. I have spoken to my daughter who says you should check your contract for any clauses regarding the collection of outstanding belongings. She feels that 7 months is probably way over any limits given and says any verbal contract would not be binding now. Basically all the woman could do would be to claim through the small claims court which would probably cost more that the value of the plants. Really do what you wish with the plants as you have already asked her to collect them earlier and she did not respond.

15 Apr, 2009

How do I say thanks?

Answer question


Not found an answer?