(2-107) Goods to be severed from realty - Recording
N.D. Cent. Code § 41-02-07
in effect41-02-07. (2-107) 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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t41c02.pdf#nameddest=41-02-07Fetched: 10/16/2026