{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.9A-334.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.9A-334.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.9A-334.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.9A-334.html"}],"law_id":71252,"edition_id":1,"section_id":71252,"structure_id":14251,"section_number":"8.9A-334","catch_line":"Priority of security interests in fixtures and crops","history":"1964, c. 219, \u00a7 8.9-313; 1973, c. 509; 1983, c. 204; 2000, c. 1007; 2024, c. 652.","full_text":"a\n\nSecurity interest in fixtures under this title. A security interest under this title may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this title in ordinary building materials incorporated into an improvement on land.b\n\nSecurity interest in fixtures under real property law. This title does not prevent creation of an encumbrance upon fixtures under real property law.c\n\nGeneral rule; subordination of security interest in fixtures. In cases not governed by subsections (d) through (h), a security interest in fixtures is subordinate to a conflicting interest of an encumbrancer or owner of the related real property other than the debtor.d\n\nFixtures purchase-money priority. Except as otherwise provided in subsection (h), a perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession of the real property and:1\n\nthe security interest is a purchase-money security interest;2\n\nthe interest of the encumbrancer or owner arises before the goods become fixtures; and3\n\nthe security interest is perfected by a fixture filing before the goods become fixtures or within twenty days thereafter.e\n\nPriority of security interest in fixtures over interests in real property. A perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if:1\n\nthe debtor has an interest of record in the real property or is in possession of the real property and the security interest:A\n\nis perfected by a fixture filing before the interest of the encumbrancer or owner is of record; andB\n\nhas priority over any conflicting interest of a predecessor in title of the encumbrancer or owner;2\n\nbefore the goods become fixtures, the security interest is perfected by any method permitted by this title and the fixtures are readily removable:A\n\nfactory or office machines;B\n\nequipment that is not primarily used or leased for use in the operation of the real property; orC\n\nreplacements of domestic appliances that are consumer goods;3\n\nthe conflicting interest is a lien on the real property obtained by legal or equitable proceedings after the security interest was perfected by any method permitted by this title; or4\n\nthe security interest is:A\n\ncreated in a manufactured home in a manufactured-home transaction; andB\n\nperfected pursuant to a statute described in § 8.9A-311 (a) (2).f\n\nPriority based on consent, disclaimer, or right to remove. A security interest in fixtures, whether or not perfected, has priority over a conflicting interest of an encumbrancer or owner of the real property if:1\n\nthe encumbrancer or owner has, in a signed record, consented to the security interest or disclaimed an interest in the goods as fixtures; or2\n\nthe debtor has a right to remove the goods as against the encumbrancer or owner.g\n\nContinuation of subdivision (f) (2) priority. The priority of the security interest under subdivision (f) (2) continues for a reasonable time if the debtor’s right to remove the goods as against the encumbrancer or owner terminates.h\n\nPriority of construction mortgage. A mortgage is a construction mortgage to the extent that it secures an obligation incurred for the construction of an improvement on land, including the acquisition cost of the land, if a recorded record of the mortgage so indicates. Except as otherwise provided in subsections (e) and (f), a security interest in fixtures is subordinate to a construction mortgage if a record of the mortgage is recorded before the goods become fixtures and the goods become fixtures before the completion of the construction. A mortgage has this priority to the same extent as a construction mortgage to the extent that it is given to refinance a construction mortgage.i\n\nPriority of security interest in crops. A perfected security interest in crops growing on real property has priority over a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession of the real property.j\n\nSubsection (i) prevails. Subsection (i) prevails over any inconsistent provisions of the following statutes.","order_by":null,"text":{"0":{"id":256799,"text":"Security interest in fixtures under this title. A security interest under this title may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this title in ordinary building materials incorporated into an improvement on land.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":256800,"text":"Security interest in fixtures under real property law. This title does not prevent creation of an encumbrance upon fixtures under real property law.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"c"},"2":{"id":256801,"text":"General rule; subordination of security interest in fixtures. In cases not governed by subsections (d) through (h), a security interest in fixtures is subordinate to a conflicting interest of an encumbrancer or owner of the related real property other than the debtor.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"d"},"3":{"id":256802,"text":"Fixtures purchase-money priority. Except as otherwise provided in subsection (h), a perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession of the real property and:","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"d1"},"4":{"id":256803,"text":"the security interest is a purchase-money security interest;","type":"section","prefixes":["d","1"],"prefix":"1","entire_prefix":"d1","prefix_anchor":"d1","level":2,"prior_prefix":"d","next_prefix":"d2"},"5":{"id":256804,"text":"the interest of the encumbrancer or owner arises before the goods become fixtures; and","type":"section","prefixes":["d","2"],"prefix":"2","entire_prefix":"d2","prefix_anchor":"d2","level":2,"prior_prefix":"d1","next_prefix":"d3"},"6":{"id":256805,"text":"the security interest is perfected by a fixture filing before the goods become fixtures or within twenty days thereafter.","type":"section","prefixes":["d","3"],"prefix":"3","entire_prefix":"d3","prefix_anchor":"d3","level":2,"prior_prefix":"d2","next_prefix":"e"},"7":{"id":256806,"text":"Priority of security interest in fixtures over interests in real property. A perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if:","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d3","next_prefix":"e1"},"8":{"id":256807,"text":"the debtor has an interest of record in the real property or is in possession of the real property and the security interest:","type":"section","prefixes":["e","1"],"prefix":"1","entire_prefix":"e1","prefix_anchor":"e1","level":2,"prior_prefix":"e","next_prefix":"A"},"9":{"id":256808,"text":"is perfected by a fixture filing before the interest of the encumbrancer or owner is of record; and","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"e1","next_prefix":"B"},"10":{"id":256809,"text":"has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner;","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"11":{"id":256810,"text":"before the goods become fixtures, the security interest is perfected by any method permitted by this title and the fixtures are readily removable:","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"A"},"12":{"id":256811,"text":"factory or office machines;","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"B2","next_prefix":"B"},"13":{"id":256812,"text":"equipment that is not primarily used or leased for use in the operation of the real property; or","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"14":{"id":256813,"text":"replacements of domestic appliances that are consumer goods;","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C3"},"15":{"id":256814,"text":"the conflicting interest is a lien on the real property obtained by legal or equitable proceedings after the security interest was perfected by any method permitted by this title; or","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C","next_prefix":"C4"},"16":{"id":256815,"text":"the security interest is:","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"A"},"17":{"id":256816,"text":"created in a manufactured home in a manufactured-home transaction; and","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"C4","next_prefix":"B"},"18":{"id":256817,"text":"perfected pursuant to a statute described in § 8.9A-311 (a) (2).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"f"},"19":{"id":256818,"text":"Priority based on consent, disclaimer, or right to remove. A security interest in fixtures, whether or not perfected, has priority over a conflicting interest of an encumbrancer or owner of the real property if:","type":"section","prefixes":["f"],"prefix":"f","entire_prefix":"f","prefix_anchor":"f","level":1,"prior_prefix":"B","next_prefix":"f1"},"20":{"id":256819,"text":"the encumbrancer or owner has, in a signed record, consented to the security interest or disclaimed an interest in the goods as fixtures; or","type":"section","prefixes":["f","1"],"prefix":"1","entire_prefix":"f1","prefix_anchor":"f1","level":2,"prior_prefix":"f","next_prefix":"f2"},"21":{"id":256820,"text":"the debtor has a right to remove the goods as against the encumbrancer or owner.","type":"section","prefixes":["f","2"],"prefix":"2","entire_prefix":"f2","prefix_anchor":"f2","level":2,"prior_prefix":"f1","next_prefix":"g"},"22":{"id":256821,"text":"Continuation of subdivision (f) (2) priority. The priority of the security interest under subdivision (f) (2) continues for a reasonable time if the debtor’s right to remove the goods as against the encumbrancer or owner terminates.","type":"section","prefixes":["g"],"prefix":"g","entire_prefix":"g","prefix_anchor":"g","level":1,"prior_prefix":"f2","next_prefix":"h"},"23":{"id":256822,"text":"Priority of construction mortgage. A mortgage is a construction mortgage to the extent that it secures an obligation incurred for the construction of an improvement on land, including the acquisition cost of the land, if a recorded record of the mortgage so indicates. Except as otherwise provided in subsections (e) and (f), a security interest in fixtures is subordinate to a construction mortgage if a record of the mortgage is recorded before the goods become fixtures and the goods become fixtures before the completion of the construction. A mortgage has this priority to the same extent as a construction mortgage to the extent that it is given to refinance a construction mortgage.","type":"section","prefixes":["h"],"prefix":"h","entire_prefix":"h","prefix_anchor":"h","level":1,"prior_prefix":"g","next_prefix":"i"},"24":{"id":256823,"text":"Priority of security interest in crops. A perfected security interest in crops growing on real property has priority over a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession of the real property.","type":"section","prefixes":["i"],"prefix":"i","entire_prefix":"i","prefix_anchor":"i","level":1,"prior_prefix":"h","next_prefix":"j"},"25":{"id":256824,"text":"Subsection (i) prevails. Subsection (i) prevails over any inconsistent provisions of the following statutes.","type":"section","prefixes":["j"],"prefix":"j","entire_prefix":"j","prefix_anchor":"j","level":1,"prior_prefix":"i"}},"ancestry":[{"id":14251,"edition_id":1,"name":"Priority","identifier":"3","label":"subpart","depth":3,"order_by":1,"parent_id":13858,"metadata":{},"date_created":"2026-06-26 03:47:27","date_modified":"2026-06-26 03:47:27","permalink":{"id":284025,"object_type":"structure","relational_id":14251,"identifier":"3","token":"8.9A\/3\/3","url":"\/8.9A\/3\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13858,"edition_id":1,"name":"Perfection and Priority","identifier":"3","label":"part","depth":2,"order_by":1,"parent_id":13277,"metadata":{},"date_created":"2026-06-26 03:46:06","date_modified":"2026-06-26 03:46:06","permalink":{"id":283943,"object_type":"structure","relational_id":13858,"identifier":"3","token":"8.9A\/3","url":"\/8.9A\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13277,"edition_id":1,"name":"Commercial Code \u2014 Secured Transactions","identifier":"8.9A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":283833,"object_type":"structure","relational_id":13277,"identifier":"8.9A","token":"8.9A","url":"\/8.9A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62358,"structure_id":14251,"section_number":"8.9A-317","catch_line":"Interests that take priority over or take free of security interest or agricultural lien","url":"\/8.9A-317\/","token":"8.9A\/3\/3\/8.9A-317","metadata":false},{"id":78831,"structure_id":14251,"section_number":"8.9A-318","catch_line":"No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers","url":"\/8.9A-318\/","token":"8.9A\/3\/3\/8.9A-318","metadata":false},{"id":70155,"structure_id":14251,"section_number":"8.9A-319","catch_line":"Rights and title of consignee with respect to creditors and purchasers","url":"\/8.9A-319\/","token":"8.9A\/3\/3\/8.9A-319","metadata":false},{"id":62582,"structure_id":14251,"section_number":"8.9A-320","catch_line":"Buyer of goods","url":"\/8.9A-320\/","token":"8.9A\/3\/3\/8.9A-320","metadata":false},{"id":59162,"structure_id":14251,"section_number":"8.9A-321","catch_line":"Licensee of general intangible and lessee of goods in ordinary course of business","url":"\/8.9A-321\/","token":"8.9A\/3\/3\/8.9A-321","metadata":false},{"id":61423,"structure_id":14251,"section_number":"8.9A-322","catch_line":"Priorities among conflicting security interests in and agricultural liens on same collateral","url":"\/8.9A-322\/","token":"8.9A\/3\/3\/8.9A-322","metadata":false},{"id":65781,"structure_id":14251,"section_number":"8.9A-323","catch_line":"Future advances","url":"\/8.9A-323\/","token":"8.9A\/3\/3\/8.9A-323","metadata":false},{"id":72557,"structure_id":14251,"section_number":"8.9A-324","catch_line":"Priority of purchase-money security interests","url":"\/8.9A-324\/","token":"8.9A\/3\/3\/8.9A-324","metadata":false},{"id":61420,"structure_id":14251,"section_number":"8.9A-325","catch_line":"Priority of security interests in transferred collateral","url":"\/8.9A-325\/","token":"8.9A\/3\/3\/8.9A-325","metadata":false},{"id":62923,"structure_id":14251,"section_number":"8.9A-326","catch_line":"Priority of security interests created by new debtor","url":"\/8.9A-326\/","token":"8.9A\/3\/3\/8.9A-326","metadata":false},{"id":66791,"structure_id":14251,"section_number":"8.9A-326.1","catch_line":"Priority of security interest in controllable account, controllable electronic record, and controllable payment intangible","url":"\/8.9A-326.1\/","token":"8.9A\/3\/3\/8.9A-326.1","metadata":false},{"id":71092,"structure_id":14251,"section_number":"8.9A-327","catch_line":"Priority of security interests in deposit account","url":"\/8.9A-327\/","token":"8.9A\/3\/3\/8.9A-327","metadata":false},{"id":71019,"structure_id":14251,"section_number":"8.9A-328","catch_line":"Priority of security interests in investment property","url":"\/8.9A-328\/","token":"8.9A\/3\/3\/8.9A-328","metadata":false},{"id":66602,"structure_id":14251,"section_number":"8.9A-329","catch_line":"Priority of security interests in letter-of-credit right","url":"\/8.9A-329\/","token":"8.9A\/3\/3\/8.9A-329","metadata":false},{"id":62875,"structure_id":14251,"section_number":"8.9A-330","catch_line":"Priority of purchaser of chattel paper or instrument","url":"\/8.9A-330\/","token":"8.9A\/3\/3\/8.9A-330","metadata":false},{"id":66143,"structure_id":14251,"section_number":"8.9A-331","catch_line":"Priority of rights of purchasers of controllable accounts, controllable electronic records, controllable payment intangibles, documents, instruments and securities under other titles, priority of interests in financial assets and security entitlements and protection against assertion of claims under Titles 8.8A and 8.12","url":"\/8.9A-331\/","token":"8.9A\/3\/3\/8.9A-331","metadata":false},{"id":59890,"structure_id":14251,"section_number":"8.9A-332","catch_line":"Transfer of money, transfer of funds from deposit account","url":"\/8.9A-332\/","token":"8.9A\/3\/3\/8.9A-332","metadata":false},{"id":79779,"structure_id":14251,"section_number":"8.9A-333","catch_line":"Priority of certain liens arising by operation of law","url":"\/8.9A-333\/","token":"8.9A\/3\/3\/8.9A-333","metadata":false},{"id":71252,"structure_id":14251,"section_number":"8.9A-334","catch_line":"Priority of security interests in fixtures and crops","url":"\/8.9A-334\/","token":"8.9A\/3\/3\/8.9A-334","metadata":false},{"id":66095,"structure_id":14251,"section_number":"8.9A-335","catch_line":"Accessions","url":"\/8.9A-335\/","token":"8.9A\/3\/3\/8.9A-335","metadata":false},{"id":80265,"structure_id":14251,"section_number":"8.9A-336","catch_line":"Commingled goods","url":"\/8.9A-336\/","token":"8.9A\/3\/3\/8.9A-336","metadata":false},{"id":55482,"structure_id":14251,"section_number":"8.9A-337","catch_line":"Priority of security interests in goods covered by certificate of title","url":"\/8.9A-337\/","token":"8.9A\/3\/3\/8.9A-337","metadata":false},{"id":72213,"structure_id":14251,"section_number":"8.9A-338","catch_line":"Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information","url":"\/8.9A-338\/","token":"8.9A\/3\/3\/8.9A-338","metadata":false},{"id":61256,"structure_id":14251,"section_number":"8.9A-339","catch_line":"Priority subject to subordination","url":"\/8.9A-339\/","token":"8.9A\/3\/3\/8.9A-339","metadata":false}],"previous_section":{"id":79779,"structure_id":14251,"section_number":"8.9A-333","catch_line":"Priority of certain liens arising by operation of law","url":"\/8.9A-333\/","token":"8.9A\/3\/3\/8.9A-333","metadata":false},"next_section":{"id":66095,"structure_id":14251,"section_number":"8.9A-335","catch_line":"Accessions","url":"\/8.9A-335\/","token":"8.9A\/3\/3\/8.9A-335","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.9A-334\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 509; in 1983, chapter 204; in 2000, chapter 1007<\/a>; in 2024, chapter 652<\/a>.<\/p>","references":[{"id":59732,"section_number":"8.9A-109","catch_line":"Scope","order_by":null,"url":"\/8.9A-109\/"}],"refers_to":[{"id":59215,"section_number":"8.9A-311","catch_line":"Perfection of security interests in property subject to certain statutes, regulations, and treaties","order_by":null,"url":"\/8.9A-311\/"}],"permalink":{"id":284099,"object_type":"law","relational_id":71252,"identifier":"8.9A-334","token":"8.9A\/3\/3\/8.9A-334","url":"\/8.9A-334\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.9A-334\/","token":"8.9A\/3\/3\/8.9A-334","dublin_core":{"Title":"Priority of security interests in fixtures and crops","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.9A-334","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> Security interest in fixtures under this title. A security interest under this title may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this title in ordinary building materials<\/span> incorporated into an improvement on land. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Security interest in fixtures under real property law<\/span>. This title does not prevent creation of an encumbrance upon fixtures under real property law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> General rule; subordination<\/span> of security interest in fixtures. In cases not governed by subsections (d) through (h), a security interest in fixtures is subordinate to a conflicting interest of an encumbrancer or owner of the related real property other than the debtor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> Fixtures purchase-money priority. Except as otherwise provided in subsection (h), a perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession<\/span> of the real property and: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> the security interest is a purchase-money security interest; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> the interest of the encumbrancer or owner arises before the goods become fixtures; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> the security interest is perfected by a fixture filing before the goods become fixtures or within twenty days thereafter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> Priority of security interest in fixtures over interests in real property. A perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> the debtor has an interest of record in the real property or is in possession<\/span> of the real property and the security interest: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> is perfected by a fixture filing before the interest of the encumbrancer or owner is of record; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> before the goods become fixtures, the security interest is perfected by any method permitted by this title and the fixtures are readily removable: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> factory or office machines; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> equipment that is not primarily used or leased for use in the operation of the real property; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> replacements of domestic appliances that are consumer goods; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> the conflicting interest is a lien<\/span> on the real property obtained by legal or equitable<\/span> proceedings after the security interest was perfected by any method permitted by this title; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> the security interest is: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> created in a manufactured home in a manufactured-home transaction; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> perfected pursuant to a statute<\/span> described in § 8.9A-311<\/a> (a) (2). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

f.<\/span> Priority based on consent, disclaimer, or right to remove. A security interest in fixtures, whether or not perfected, has priority over a conflicting interest of an encumbrancer or owner of the real property if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> the encumbrancer or owner has, in a signed record, consented to the security interest or disclaimed an interest in the goods as fixtures; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> the debtor has a right to remove the goods as against the encumbrancer or owner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

g.<\/span> Continuation of subdivision (f) (2) priority. The priority of the security interest under subdivision (f) (2) continues for a reasonable time if the debtor’s right to remove the goods as against the encumbrancer or owner terminates. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

h.<\/span> Priority of construction mortgage. A mortgage is a construction mortgage to the extent that it secures an obligation incurred for the construction of an improvement on land, including the acquisition cost of the land, if a recorded record of the mortgage so indicates. Except as otherwise provided in subsections (e) and (f), a security interest in fixtures is subordinate to a construction mortgage if a record of the mortgage is recorded before the goods become fixtures and the goods become fixtures before the completion of the construction. A mortgage has this priority to the same extent as a construction mortgage to the extent that it is given to refinance a construction mortgage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

i.<\/span> Priority of security interest in crops. A perfected security interest in crops growing on real property has priority over a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession<\/span> of the real property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

j.<\/span> Subsection (i) prevails. Subsection (i) prevails over any inconsistent provisions of the following statutes<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRIORITY OF SECURITY INTERESTS IN FIXTURES AND CROPS (\u00a7 8.9A-334)\n\na. Security interest in fixtures under this title. A security interest under\nthis title may be created in goods that are fixtures or may continue in goods\nthat become fixtures. A security interest does not exist under this title in\nordinary building materials incorporated into an improvement on land.\n\nb. Security interest in fixtures under real property law. This title does not\nprevent creation of an encumbrance upon fixtures under real property law.\n\nc. General rule; subordination of security interest in fixtures. In cases not\ngoverned by subsections (d) through (h), a security interest in fixtures is\nsubordinate to a conflicting interest of an encumbrancer or owner of the related\nreal property other than the debtor.\n\nd. Fixtures purchase-money priority. Except as otherwise provided in subsection\n(h), a perfected security interest in fixtures has priority over a conflicting\ninterest of an encumbrancer or owner of the real property if the debtor has an\ninterest of record in or is in possession of the real property and:\n\n 1. the security interest is a purchase-money security interest;\n\n 2. the interest of the encumbrancer or owner arises before the goods become\n fixtures; and\n\n 3. the security interest is perfected by a fixture filing before the goods\n become fixtures or within twenty days thereafter.\n\ne. Priority of security interest in fixtures over interests in real property. A\nperfected security interest in fixtures has priority over a conflicting interest\nof an encumbrancer or owner of the real property if:\n\n 1. the debtor has an interest of record in the real property or is in\n possession of the real property and the security interest:\n\nA. is perfected by a fixture filing before the interest of the encumbrancer or\nowner is of record; and\n\nB. has priority over any conflicting interest of a predecessor in title of the\nencumbrancer or owner;\n\n 2. before the goods become fixtures, the security interest is perfected by any\n method permitted by this title and the fixtures are readily removable:\n\nA. factory or office machines;\n\nB. equipment that is not primarily used or leased for use in the operation of\nthe real property; or\n\nC. replacements of domestic appliances that are consumer goods;\n\n 3. the conflicting interest is a lien on the real property obtained by legal\n or equitable proceedings after the security interest was perfected by any\n method permitted by this title; or\n\n 4. the security interest is:\n\nA. created in a manufactured home in a manufactured-home transaction; and\n\nB. perfected pursuant to a statute described in § 8.9A-311 (a) (2).\n\nf. Priority based on consent, disclaimer, or right to remove. A security\ninterest in fixtures, whether or not perfected, has priority over a conflicting\ninterest of an encumbrancer or owner of the real property if:\n\n 1. the encumbrancer or owner has, in a signed record, consented to the\n security interest or disclaimed an interest in the goods as fixtures; or\n\n 2. the debtor has a right to remove the goods as against the encumbrancer or\n owner.\n\ng. Continuation of subdivision (f) (2) priority. The priority of the security\ninterest under subdivision (f) (2) continues for a reasonable time if the\ndebtor’s right to remove the goods as against the encumbrancer or owner\nterminates.\n\nh. Priority of construction mortgage. A mortgage is a construction mortgage to\nthe extent that it secures an obligation incurred for the construction of an\nimprovement on land, including the acquisition cost of the land, if a recorded\nrecord of the mortgage so indicates. Except as otherwise provided in subsections\n(e) and (f), a security interest in fixtures is subordinate to a construction\nmortgage if a record of the mortgage is recorded before the goods become\nfixtures and the goods become fixtures before the completion of the\nconstruction. A mortgage has this priority to the same extent as a construction\nmortgage to the extent that it is given to refinance a construction mortgage.\n\ni. Priority of security interest in crops. A perfected security interest in\ncrops growing on real property has priority over a conflicting interest of an\nencumbrancer or owner of the real property if the debtor has an interest of\nrecord in or is in possession of the real property.\n\nj. Subsection (i) prevails. Subsection (i) prevails over any inconsistent\nprovisions of the following statutes.\n\nHISTORY: 1964, c. 219, \u00a7 8.9-313; 1973, c. 509; 1983, c. 204; 2000, c. 1007;\n2024, c. 652.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}