KRS 355.2-107: 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 article if they are to be severed by the seller, but until severance a purport ed

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 withou t 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.

(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.