Mississippi Code

Miss. Code Ann. § 75-2-107 (2026)

Goods to be severed from realty; recording

✓ current as of July 2026

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(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, including the priority of previously recorded deeds of trust under Section 89-5-5, 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.

Codes, 1942, § 41A:2-107; Laws, 1966, ch. 316, § 2-107; Laws, 1977, ch. 452, § 3; Laws, 2010, ch. 506, § 5, eff. 7/1/2010.

Notes of Decisions

Cited in 8 cases, 1984–2011 · leading case: Lenape Resources Corp. v. Tennessee Gas Pipeline Co., 925 S.W.2d 565 (Tex. 1996).

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Lenape Resources Corp. v. Tennessee Gas Pipeline Co., 925 S.W.2d 565 (Tex. 1996). “2-107; Miss. Code Ann. § 75-2-107 ; Mo.Ann.Stat.”

S. Nat. Gas Co., Cross-Appellee v. Pursue Energy, Cross-Appellant, 781 F.2d 1079 (5th Cir. 1986). “2d 161 (1985); Miss.Code Ann. § 75-2-107(1) (1972). Under the Mississippi U.”

Epstein v. Coastal Timber Co., Inc., 711 S.E.2d 912 (S.C. 2011). “” Miss.Code Ann. § 75-2-107(3). Id. at 739-40 (emphasis added).”

FELICIANA BANK v. Manuel & Sessions, LLC, 943 So. 2d 736 (Miss. Ct. App. 2006). · cites it 3× “Miss.Code Ann. § 75-2-107 (Rev.2002). How to read this section alongside other Mississippi law is one of the principal issues on this appeal.”

Piney Woods Country Life Sch. v. Shell Oil Co., 726 F.2d 225 (5th Cir. 1984). · cites it 2× “Miss.Code Ann. § 75-2-107(1) (1981). The parties to a sale contract may arrange for passage of title in any manner they choose.”

Williamson v. Elf Aquitaine, Inc., 925 F. Supp. 1163 (N.D. Miss. 1996). “1986); Miss.Code Ann. § 75-2-107(1) (1972). It is fundamental that every contract or duty regulated by the UCC carries with it an implicit obligation of good faith.”

T.K. Stanley, Inc. v. Scott Paper Co., 793 F. Supp. 707 (S.D. Miss. 1992). “• In support of its position, Scott argues that the timber which was the subject of the alleged oral agreement between Boyles and Farrar constituted goods to be severed from realty within the meaning of the sales article of the Uniform Commercial Code (UCC), Miss.Code Ann. §…”

Unknown, 40 F.3d 1474. “Miss.Code Ann. § 75-2-107(1) (1981) (“A contract for the sale of minerals or the like (including oil and gas) .”

— Miss. Code Ann. § 75-2-107(1) — 4 cases

S. Nat. Gas Co., Cross-Appellee v. Pursue Energy, Cross-Appellant, 781 F.2d 1079 (5th Cir. 1986). “2d 161 (1985); Miss.Code Ann. § 75-2-107(1) (1972). Under the Mississippi U.”

Piney Woods Country Life Sch. v. Shell Oil Co., 726 F.2d 225 (5th Cir. 1984). “Miss.Code Ann. § 75-2-107(1) (1981). The parties to a sale contract may arrange for passage of title in any manner they choose.”

Unknown, 40 F.3d 1474. “Miss.Code Ann. § 75-2-107(1) (1981) (“A contract for the sale of minerals or the like (including oil and gas) .”

— Miss. Code Ann. § 75-2-107(2) — 1 case

— Miss. Code Ann. § 75-2-107(3) — 2 cases

Epstein v. Coastal Timber Co., Inc., 711 S.E.2d 912 (S.C. 2011). “” Miss.Code Ann. § 75-2-107(3). Id. at 739-40 (emphasis added).”

FELICIANA BANK v. Manuel & Sessions, LLC, 943 So. 2d 736 (Miss. Ct. App. 2006). “Miss.Code Ann. § 75-2-107 (Rev.2002). How to read this section alongside other Mississippi law is one of the principal issues on this appeal.”

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