By Ron Rossini
 
Many Realtors ignore or lightly traipse through the yards of their showings. Buyers spend some time viewing the yard while the sales rep often becomes a ‘tag along.’
 
There are many perils in the outdoors that should concern all Realtors and most of these are not outlined in the Seller’s Property Information Statement (SPIS, as it’s known in Ontario). The existing landscape and hardscape on a property are areas that should always be carefully examined.
 
Landscape refers to any variety of green plant matter that dresses the exterior of the home. This could include lawn areas, plants, trees, bushes or even container and water plants.
Hardscape refers to non horticultural improvements on a property. These items can include but are not limited to pools, ponds, decks, gazebos, lawn ornaments, fountains, retaining walls, sheds, fencing and rockculture.
 
The majority of Realtors give a secondary focus to landscape/hardscape items with the exception of inground/above ground pools that are included on SPIS document. It is important for all Realtors to educate themselves on the municipal regulations governing other outdoor areas.
 
Some important items of concern may include:
 
The front or boulevard garden – Many home buyers, particularly those new in the market, are unaware that the local municipalities  normally  have  rights to 10 to 20 feet of a residential property from the curb inwards. This is to permit them to install sidewalks or lighting, or expand the roadway. Homeowners need special permission to park on this allowance or alter the usually sodded landscape. A buyer impressed with the existing front garden in a select home may, after taking possession, have to remove the existing improvements and return the allowance to its original format. Costed out rather than doing the work oneself could amount to $1,500 to $2,000 for a 50 X 20 front garden removal and sod replacement.
 
Pools – Realtors may be chiefly concerned with liners and equipment in this area and may not be   adequately counseling buyers as to whether a pool location meets municipal fencing bylaws, is built too close to property line, or may even be located over existing easements. This information can usually be viewed by having a survey included in an offer. Pools and equipment in winter sales and closings necessitate seasonal protective clauses for the new homeowner to insure all inclusions are in good working order.
 
Ponds – A defective circulating pump and/or leaking pond liner, depending on the size and structure of the pond, can cost a homeowner thousands to replace, yet ponds are not included on the SPIS. Many municipalities have fencing regulations governing the presence of a pond deeper than three feet. Realtors would be wise to include a clause in the offer, if selling a home with a large (10X14+) deep (more than three feet) pond that speaks to its condition and municipal regulations.
 
Fencing – Fence bylaws, governing the implied cost sharing of standard four foot chain-link fencing located on the property line, are usually set out by the local government. A neighbour refusing to share can be charged under a fence bylaw (a lengthy and expensive option), or may have a lien registered against his home (extreme action, but possible according to legal opinions).
 
Decks and their fencing – There are bylaws that insist local building permits be secured to build a deck and surrounding fencing. Most homeowners bypass this requirement, leading to the possibility that the deck or its fence does not structurally comply with code or is too close to the property line. A vendor can be forced to dismantle an outdoor deck that does not comply with code.  Homeowners with elaborate two-storey decks should always obtain a building inspection to insure the construction meets safety code. Home insurers have indicated that an unsafe and uninspected deck may be an uninsured area of your home if there are injury claims as a result of structural defects.
 
Utility boxes and fire hydrants – Many homeowners view large green utility boxes and fire hydrants as eyesores and make attempts to camouflage them. Every municipality has regulations governing their maintenance and alteration. Fire hydrants may never be hidden or even painted without permission. Violations can result in a possible fire regulation charge.
 
Most municipalities permit homeowners to camouflage utility boxes with plantings. However, there are fire restrictions concerning the proximity of plant material to the box and a homeowner may come home to discover expensive bushes around the box have been cut down without notice.
 
Sheds – These are not normally regarded as permanent structures, although some local governments have regulations on proximity to property line and even the area of the shed, as it may exceed lot coverage restrictions. There are some municipalities that insist on building permits if the shed exceeds a designated square footage.
 
Trees – It is difficult to ascertain a tree’s condition when selling a home in the winter. The owner may have to make full disclosure on the health of any significant trees in the yard. This is particularly important in the winter when trees lack any foliage.
 
Infestations like the Mountain Pine Beetle in British Columbia, and the Emerald Ash Borer and Asian Longhorn Beetle in other parts of the country, may need input from a Realtor. A buyer should be aware of any notices sent out by provincial or local advisory groups, because they may affect trees on the property. An unsuspecting buyer may be on the hook for tree removal or be faced with a dying tree or its branches snapping and doing some damage to his home or surrounding property.
 
Removal of plant material – All plant material, unless otherwise indicated, is attached to the property and should only be removed with permission from the buyer. A new homeowner, impressed with the well-landscaped lot, may have to spend hundreds of dollars to fill in gaps left by a previous pilfering vendor. This issue can best be covered by a clause in the offer specifying what plant material the vendor is permitted to remove.
 
Ivy covered walls – It is difficult to ascertain the magnitude of any problem with ivy walls when buying a home in the summer. Ivy can compromise mortar. Its branches wreck havoc on eavestroughs and fascia, and its flowing branches create moss buildup, deteriorating shingles. It is difficult to remove ivy memories from siding and often a homeowner, concerned with the esthetics of the house, is forced to either accept the plant or have the area resided.
 
Contour of the land: This is usually set in a Plan of Subdivision, and outlines the permissible contour to allow satisfactory lot drainage. Homeowners, particularly those with swales, water courses and storm sewers on their property, are prohibited from making any changes in landscaping in these areas. The municipality can charge and force owners to return the property to the original landscape contour approved in the Plan of Subdivision.
 
Garden ornaments – This is tricky, because some could be considered fixtures and some chattels. It would be prudent for Realtors to list all significant garden ornaments in the fixture or chattel areas of the offer, or to even list them in a schedule to the offer.
 
Perhaps an outdoor SPIS can be developed that emphasizes  ponds, health of trees, outdoor building permit concerns for decks, gazebos and shed, removal of plant material, front gardens,   the vendor acknowledging that he has not has not altered the contour of the land, and any notices received regarding pests or horticultural diseases in the area. A little precaution could prevent future headaches so we do not have to beware the great outdoors.
 
Ron Rossini is a broker with more than 25 years of full-time real estate experience, and is active in his local and provincial associations. He is with Sutton Group Preferred Realty Inc., Brokerage in London, Ontario. He’s also a Master Gardener and a member of the Garden Writers Association. Contact Ron at (519) 471-8888 or [email protected].