                                 CODE OF VIRGINIA

GOODS TO BE SEVERED FROM REALTY; RECORDING (§ 8.2-107)

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 title 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) or of timber to be cut is a contract for the
sale of goods within this title 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&#8217;s rights under the
contract for sale.

HISTORY: 1964, c. 219; 1973, c. 509.