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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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