LANDSCAPING – WHAT STAYS AND WHAT GOES?

Would a seller be permitted to remove items from landscaping such as stones, decorative pots, or statues? Would these items be considered permanent fixtures or part of the general landscaping?
The answers to these questions are not always clear-cut.
Paragraph A (1) of the purchase and sale agreement that states “Seller agrees to sell the real property described below including all fixtures, improvements and landscaping therein.”
The definition of fixtures is guided by the GA Code. https://law.justia.com/codes/georgia/2021/title-44/chapter-1/section-44-1-6/
       a. Anything which is intended to remain permanently in its place even if it is not actually
attached to the land is a fixture which constitutes a part of the realty and passes with it.
The buyer and seller may not agree as to whether an item “was intended to remain
permanently”. If an item isn’t listed in the fixtures section of the seller’s disclosure, it’s crucial for the seller to specify any items they plan to remove, either in the special stipulations of the contract or noted on the seller’s disclosure.
Georgia dedicates an entire page of the seller's disclosure to fixtures and what transfers with a home. This fixtures checklist includes an extensive list of fixtures but does not include everything. The items on the checklist that are checked or marked should remain with the property.
If the seller intends to remove any items that “could” be considered fixtures, they need to
disclose this prior to going under contract.