Wisconsin Statutes
Wis. Stat. § 402.107 (2026)
Goods to be severed from realty: recording
✓ current as of July 2026
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402.107(1)(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.
402.107(2)(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 sub. (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.
402.107(3)(3) The provisions of this section are subject to any 3rd-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 3rd parties of the buyer’s rights under the contract for sale.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1985–2025 · 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). “Laws Ann. § 6A-1-107; S.C.Code Ann. § 36-2-107; S.”
Fruin v. Gorden (In Re Gorden), 47 B.R. 245 (Bankr. W.D. Wis. 1985). “§ 402.107 provides: (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 .”
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 § 46–2–107; Wis.Stat.Ann. § 402.107. (1921). The GPA at issue in this case is that type of mineral sales agreement commonly called a “take-or-pay” contract.”
In Re Pelton, 171 B.R. 641 (Bankr. W.D. Wis. 1994). “Wis.Stat. § 402.107(2). 4 . See James J. White & Robert S.”
— Wis. Stat. § 402.107(2) — 1 case
In Re Pelton, 171 B.R. 641 (Bankr. W.D. Wis. 1994). “Wis.Stat. § 402.107(2). 4 . See James J. White & Robert S.”
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