There Is a Newer Version of the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 21 - Short Title, General Construction and Subject Matter
Section 2107 - Goods to be severed from realty: recording
§ 2107. Goods to be severed from realty: recording.
(a) Minerals and structures.--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 division 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.
(b) Other property severable without material harm.--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 (a) or of
timber to be cut is a contract for the sale of goods within this
division 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.
(c) Recording.--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 rights of the buyer
under the contract for sale.
(Nov. 26, 1982, P.L.696, No.201, eff. 180 days)
Cross References. Section 2107 is referred to in section
2105 of this title.
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