400.2-107. Goods to be severed from realty--recording. - Missouri Statutes

Goods to be severed from realty--recording.

400.2-107. (1) A contract for the sale of minerals or thelike (including gas and oil) or a structure or its materials tobe removed from realty is a contract for the sale of goods withinthis article if they are to be severed by the seller but untilseverance a purported present sale thereof which is not effectiveas a transfer of an interest in land is effective only as acontract to sell.

(2) A contract for the sale apart from the land of growingcrops or other things attached to realty and capable of severancewithout material harm thereto but not described in subsection (1)or of timber to be cut is a contract for the sale of goods withinthis article whether the subject matter is to be severed by thebuyer or by the seller even though it forms part of the realty atthe time of contracting, and the parties can by identificationeffect a present sale before severance.

(3) The provisions of this section are subject to any thirdparty rights provided by the law relating to realty records, andthe contract for sale may be executed and recorded as a documenttransferring an interest in land and shall then constitute noticeto third parties of the buyer's rights under the contract forsale.

(L. 1963 p. 503 § 2-107, A.L. 1988 S.B. 583)

Effective 1-1-89