Q: A gardener planted a fruit tree in my yard, without my asking; I told him to remove it. Later, I decided that I wanted the tree, but he said that already arranged to plant it at another client. Can he remove it?
A: We mentioned that the enhancer cannot remove the enhancement against the owner’s will if doing so will weaken the property, such as uprooting trees. However, if the owner told him to remove the enhancement, the enhancer can subsequently do so, even if the property is fit for enhancing or the owner demonstrated meanwhile that he wanted the enhancement, and now changed his mind and wants the enhancer to leave it (Rama 375:3; Shach 375:4).
Since you negated your right to acquire the tree, you forgo the damage done by uprooting it, and can no longer retract and demand that the enhancement remain, if the enhancer wants to take it away (Aruch Hashulchan 375:4; Gra 375:6).
