554.2107 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 ifthey are to be severed by the seller but until severance a purported present sale thereof whichis 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 subsection1 or of timber to be cut is a contract for the sale of goods within this Article whether thesubject matter is to be severed by the buyer or by the seller even though it forms part of therealty at the time of contracting, and the parties can by identification effect a present salebefore 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 asa document transferring an interest in land and shall then constitute notice to third parties ofthe ded by the law relating to realty records, and the contract for sale may be executed and recorded asa document transferring an interest in land and shall then constitute notice to third parties ofthe buyer’s rights under the contract for sale. [C24, 27, 31, 35, 39, §10005; C46, 50, 54, 58, 62, §554.77; C66, 71, 73, 75, 77, 79, 81, §554.2107] Referred to in §554.2105 Sat Dec 23 01:49:26 2023 Iowa Code 2024, Section 554.2107 (24, 0)
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