Florida Statutes
Fla. Stat. § 672.107 (2025)
Goods to be severed from realty; recording.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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672.107 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 chapter 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 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.
(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.
Note.—s. 2-107, U.C.C.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1972–2025 · 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). “Code § 28:2-107; Fla.Stat.Ann. § 672.107; Ga.Code Ann. § 11-2-107; Haw.”
Tropicana Prods., Inc. v. Shirley, 501 So. 2d 1373 (Fla. 2d DCA 1987). “…is consistent with the provision in Florida's Uniform Commercial Code relating to goods to be severed from realty. § 672.107, Fla. Stat. (1985).”
Konas v. Coastal Lumber Co., 496 So. 2d 868 (Fla. 1st DCA 1986). “2 See also, section 672.107, Florida Statutes Annotated, Sponsors’ Notes (Section 3, Chapter 79-398, Laws of Florida (1979)): The change [to section 672.”
Exch. Nat. Bank of Tampa v. Alturas Packing Co., 269 So. 2d 733 (Fla. 2d DCA 1972). “I would affirm but solely on the ground that the writ of attachment merely sought to levy on the realty and not on the growing crop thereon which, pursuant to § 672.107(2), F.S.A., is rendered "goods" or personalty.”
Georgia-Pac. Corp. v. Dep't of Revenue, 410 So. 2d 550 (Fla. 1st DCA 1982). “1 Among these was an amendment to subsection (2) of Section 672.107 relating to a contract for the sale of standing timber.”
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). “Their first argument is Fla.Stat.Ann. § 672.107; Ga.Code Ann. § 11–2–107; grounded in the contract's provision that the Buyer may Haw.”
— 672.107(2) — 3 cases
Konas v. Coastal Lumber Co., 496 So. 2d 868 (Fla. 1st DCA 1986). “2 See also, section 672.107, Florida Statutes Annotated, Sponsors’ Notes (Section 3, Chapter 79-398, Laws of Florida (1979)): The change [to section 672.”
Exch. Nat. Bank of Tampa v. Alturas Packing Co., 269 So. 2d 733 (Fla. 2d DCA 1972). “I would affirm but solely on the ground that the writ of attachment merely sought to levy on the realty and not on the growing crop thereon which, pursuant to § 672.107(2), F.S.A., is rendered "goods" or personalty.”
Georgia-Pac. Corp. v. Dep't of Revenue, 410 So. 2d 550 (Fla. 1st DCA 1982). “1 Among these was an amendment to subsection (2) of Section 672.107 relating to a contract for the sale of standing timber.”
— 672.107(3) — 2 cases
Konas v. Coastal Lumber Co., 496 So. 2d 868 (Fla. 1st DCA 1986). “2 See also, section 672.107, Florida Statutes Annotated, Sponsors’ Notes (Section 3, Chapter 79-398, Laws of Florida (1979)): The change [to section 672.”
Exch. Nat. Bank of Tampa v. Alturas Packing Co., 269 So. 2d 733 (Fla. 2d DCA 1972). “I would affirm but solely on the ground that the writ of attachment merely sought to levy on the realty and not on the growing crop thereon which, pursuant to § 672.107(2), F.S.A., is rendered "goods" or personalty.”
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