§ 4-2-107 — 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) of this section, 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.

Legislative History

Source: L. 65: p. 1301, � 1. C.R.S. 1963: � 155-2-107. L. 77: (1) and (2) amended, p. 313, � 6, effective January 1, 1978.