District Of Columbia § 28:2-107 - Goods to be severed from realty; recording.
Full text of District Of Columbia D.C. Code § 28:2-107 — Goods to be severed from realty; recording., with citation guidance and answers to common questions.
§ 28:2-107. Goods to be severed from realty; recording.
28:2-107A 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.
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 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.
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.
Annotations
Several timber-growing states have changed the 1962 Code to make timber to be cut under a contract of severance goods, regardless of the question who is to sever them. The section is revised to adopt this change. Financing of the transaction is facilitated if the timber is treated as goods instead of real estate. A similar change is made in the definition of “goods” in Section 9-105. To protect persons dealing with timberlands, filing on timber to be cut is required in Part 4 of Article 9 to be made in real estate records in a manner comparable to fixture filing.
Reason for 1972 Change [Laws 1977, Ch. 452]
“Seller”. Section 2-103.
“Rights”. Section 1-201.
“Present sale”. Section 2-106.
“Party”. Section 1-201.
“Goods”. Section 2-105.
“Contract for sale”. Section 2-106.
“Contract”. Section 1-201.
“Buyer”. Section 2-103.
Point 3: Articles 9 and 9-105.
Point 2: Section 2-105.
Point 1: Section 2-201.
3. The security phases of things attached to or to become attached to realty are dealt with in the Article on Secured Transactions (Article 9) and it is to be noted that the definition of goods in that Article differs from the definition of goods in this Article.
The provision in subsection (3) for recording such contracts in within the purview of this Article since it is a means of preserving the buyer’s rights under the contract of sale.
2. Subsection (2). “Things attached” to the realty which can be severed without material harm are goods within this Article regardless of who is to effect the severance. The word “fixtures” has been avoided because of the diverse definitions of this term, the test of “severance without material harm” being substituted.
1. Subsection (1). Notice that this subsection applies only if the timber, minerals or structures “are to be severed by the seller“. If the buyer is to sever, such transactions are considered contracts affecting land and all problems of the Statute of Frauds and of the recording of land rights apply to them. Therefore, the Statute of Frauds section of this Article does not apply to such contracts though they must conform to the Statute of Frauds affecting the transfer of interests in land.
See Section 76, Uniform Sales Act on prior policy; Section 7, Uniform Conditional Sales Act.
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 28:2-107
What does D.C. Code § 28:2-107 cover?
Section 28:2-107 ("Goods to be severed from realty; recording.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 28:2-107?
A common citation format is "D.C. Code § 28:2-107" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 28:2-107 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.