70A-2-107 - Goods to be severed from realty -- Recording. - Utah Statutes

70A-2-107. Goods to be severed from realty -- Recording.

(1) A contract for the sale of minerals or the like (including oil or gas) or a structure or itsmaterials to be removed from realty is a contract for the sale of goods within this chapter if theyare to be severed by the seller but until severance a purported present sale thereof which is noteffective 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 torealty 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 chapter whether the subjectmatter is to be severed by the buyer or by the seller even though it forms part of the realty at thetime 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 lawrelating to realty records, and the contract for sale may be executed and recorded as a documenttransferring an interest in land and shall then constitute notice to third parties of the buyer's rightsunder the contract for sale.

Amended by Chapter 272, 1977 General Session