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 article 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) of this section or of timber to be cut is a contract for the sale of goods within this article 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. Laws 1961, p. 76, § 2-107; Laws 1981, c. 194, § 3.
Notes of Decisions
Roye Realty & Developing, Inc. v. Watson, 949 P.2d 1208 (Okla. 1998).
· cites it 3× “The trial court reached this decision based on 12A O.S.Supp.1990, § 2-107(1), which provides that a gas purchase contract is a contract for the sale of goods, and on 12 O.”
Bonner v. Oklahoma Rock Corp., 863 P.2d 1176 (Okla. 1993).
“See 12A O.S. 1991 § 2-107 which provides in pertinent part: "(1) A contract for the sale of minerals or the like, including oil and gas .”
Roye Realty & Developing, Inc. v. Arkla, Inc., 863 P.2d 1150 (Okla. 1993).
· cites it 2× “Therefore, under 12A O.S.1981, § 2-107 2 , such a contract is governed by the provisions of the Oklahoma Uniform Commercial Code (UCC), 12A O.”
Missouri Gas Energy v. Grant Cnty. Assessor, 2016 OK CIV APP 44 (Okla. Civ. App. 2016).
“" 12A O.S. §2-107(1). Additionally, the Oklahoma Supreme Court has recognized that "[a] contract for delivery of natural gas is recognized as a sale of goods under the [OUCC].”
Okla. Stat. tit. 12A, § 2-107(1): 4 cases
Roye Realty & Developing, Inc. v. Watson, 949 P.2d 1208 (Okla. 1998).
“The trial court reached this decision based on 12A O.S.Supp.1990, § 2-107(1), which provides that a gas purchase contract is a contract for the sale of goods, and on 12 O.”
Missouri Gas Energy v. Grant Cnty. Assessor, 2016 OK CIV APP 44 (Okla. Civ. App. 2016).
“" 12A O.S. §2-107(1). Additionally, the Oklahoma Supreme Court has recognized that "[a] contract for delivery of natural gas is recognized as a sale of goods under the [OUCC].”
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