I’m selling my home and I’m worried about the beautiful elm tree that is growing in the yard. For some reason, I have a feeling that anyone who buys the house will chop down my ancient old friend. The tree is healthy, but I just have a feeling in my gut. Is there a way for me to write a condition into the sale, that they can’t remove the tree? Thanks.
You can certainly try to write some verbiage into your sales contract in order to protect the tree – there’s no law against that. But I’ll be frank: unless it’s a case of an existing easement or part of the local HOA rules, 9/10 buyers will take a “buzz off, this is my property now” attitude. Having a clause like that in the contract will shoo away a lot of potential buyers. So, you have to ask yourself which is more important, selling your home or protecting a tree based on your gut feeling? Maybe the new owners would sublet you a treehouse? In my opinion most people love old trees for their beauty and the shade provide. My guess is that tree will be around a long time unless it gets struck by lightning, burns down in a fire or get a heaven-forbid disease.