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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.)