§2-107. Goods to be severed from realty: recording

Link to law: http://legislature.vermont.gov/statutes/section/09A/002/00107
Published: 2015

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The Vermont Statutes Online



Title

09A

:
Uniform Commercial Code






Chapter

002

:
Sales











 

§

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. (Amended 1993, No. 158 (Adj. Sess.), § 6, eff. Jan. 1, 1995.)
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