2006 New York Code - Goods To Be Severed From Realty



 
  Section 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.

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