Short answer: In most cases, planters should be shown on Real Property Reports when they are permanent features which may be encroaching or hold value.
Pictured is a planter box / raised garden I built for my wife in the spring. I would expect this to be on a survey plan. It is permanent. It is close to the fence. If the planter box were to be removed, the damage to the property resultant from dirt spilling everywhere could be detrimental to the value of the real estate. How much would it cost a new homeowner to repair and would that impact any deal?
Is it considered permanent?
Permanency can be a relative term. A two-story house looks “non-permanent” to a bulldozer. Here are some questions we use to determine if a feature should be shown. Will the landowner be able to move or remove the planter without significant effort or cost? Will there be significant damage, or will it negatively impact the property for a future landowner?
Does it encroach into the neighbor’s property?
Any improvements close to a property line, including fences and retaining walls, must be shown on the Real Property Report. Any other permanent improvement, including planters which straddle a property line should be shown and dimensioned. An obvious example would be a planter straddling a property line, thus occupying a portion of the neighbor’s yard.
Is it situated on an Easement?
A Real Property Report will always show the property boundary and any easements on the property, as well. Common examples include easements for utilities and overland drainage swales. If a planter has been built into an easement, it is most likely contravening the agreement and will need to be removed, or the agreement will need to be amended.
What is the value or the cost of removal?
We have seen some incredible planters which would have cost thousands of dollars to install. We also commonly see a few pieces of pressure treated lumber nailed together. I would look at a planter box and wonder what height it is. How much earth is it holding back? Will it negatively impact the value of the property if it is removed?
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