Sec. 42a-2-107. Goods to be severed from realty; recording.
Sec. 42a-2-107. Goods to be severed from realty; recording. (1) A contract for
the sale of minerals or the like, including oil and gas, or a structure or its materials to
be removed from realty is a contract for the sale of goods within this article if they are
to be severed by the seller but until severance a purported present sale thereof which is
not effective as a transfer of an interest in land is effective only as a contract to sell.
(2) A contract for the sale apart from the land of growing crops or other things
attached to realty and capable of severance without material harm thereto but not described in subsection (1) or of timber to be cut is a contract for the sale of goods within
this article whether the subject matter is to be severed by the buyer or by the seller even
though it forms part of the realty at the time of contracting, and the parties can by
identification effect a present sale before severance.
(3) The provisions of this section are subject to any third party rights provided by
the law relating to realty records, and the contract for sale may be executed and recorded
as a document transferring an interest in land and shall then constitute notice to third
parties of the buyer's rights under the contract for sale.
(1959, P.A. 133, S. 2-107; P.A. 76-369, S. 4, 5.)
History: P.A. 76-369 deleted reference to contracts for sale of timber in Subsec. (1) but added reference to such contracts
in Subsec. (2) and specifically included contracts for sale of oil and gas in Subsec. (1).
Subsec. (1):
Cited. 174 C. 535.