Alaska Statutes
Alaska Stat. § 45.02.107 (2026)
Goods to be severed from realty; recording
✓ current as of July 2026
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Sec. 45.02.107. Goods to be severed from realty; recording.
Article 2. Form, Formation, and Readjustment of Contract.
(a) 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 chapter if they are to be severed by the seller, but until severance a purported present sale that is not effective as a transfer of an interest in land is effective only as a contract to sell.
(b) 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 to them but not described in (a) of this section or of timber to be cut is a contract for the sale of goods within this chapter, 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.
(c) This section is subject to third party rights provided by the law relating to realty records. The contract for sale may be executed and recorded as a document transferring an interest in land. It then constitutes notice to third parties of the buyer's rights under the contract for sale.
(a) 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 chapter if they are to be severed by the seller, but until severance a purported present sale that is not effective as a transfer of an interest in land is effective only as a contract to sell.
(b) 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 to them but not described in (a) of this section or of timber to be cut is a contract for the sale of goods within this chapter, 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.
(c) This section is subject to third party rights provided by the law relating to realty records. The contract for sale may be executed and recorded as a document transferring an interest in land. It then constitutes notice to third parties of the buyer's rights under the contract for sale.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1996–2025 · leading case: Lenape Resources Corp. v. Tennessee Gas Pipeline Co., 925 S.W.2d 565 (Tex. 1996).
Lenape Resources Corp. v. Tennessee Gas Pipeline Co., 925 S.W.2d 565 (Tex. 1996). “AlaCode § 7-2-107; Alaska Stat. § 45.02.107 ; Ariz.Rev.Stat.”
Brady v. State, 965 P.2d 1 (Alaska 1998). “See AS 45.02.107(b) ("A contract for the sale .”
Primexx Energy Opportunity Fund, LP & Primexx Energy Opportunity Fund II, LP v. Primexx Energy Corp., M. Christopher Doyle, Angelo Acconcia, Blackstone Inc., Blackstone Holdings III LP, Blackstone EMA II LLC, BMA VII LLC, Blackstone Energy Mgmt. Assocs. II LLC, Blackstone Energy Partners II LP, Blackstone Mgmt. Assocs. VII LLC, Blackstone Capital Partners VII LP, BCP VII/BEP II Holdings Manager LLC, BX Primexx Topco LLC, & BPP Holdco LLC (Tex. App. 2025). “Code § 7–2–107; Alaska Stat. § 45.02.107 ; basic structure of the contract is thus that of a fixed-price Ariz.”
— Alaska Stat. § 45.02.107(b) — 1 case
Brady v. State, 965 P.2d 1 (Alaska 1998). “See AS 45.02.107(b) ("A contract for the sale .”
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