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§12A-2-107.


§12A-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) of this
   section 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.
   

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