{"data":{"id":"us-de/6-del.-c.-9-334","jurisdiction":"us-de","citation":"6 Del. C. § 9-334","heading":"Priority of security interests in fixtures and crops.","body":"(a) Security interest in fixtures under this Article. — A security interest under this Article may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this Article in ordinary building materials incorporated into an improvement on land.\n(b) Security interest in fixtures under real property law. — This Article does not prevent creation of an encumbrance upon fixtures under real property law.\n(c) General rule: subordination of security interest in fixtures. — In cases not governed by subsections (d) through (h), a security interest in fixtures is subordinate to a conflicting interest of an encumbrancer or owner of the related real property other than the debtor.\n(d) Fixtures purchase-money priority. — Except as otherwise provided in subsection (h), a perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession of the real property and:\n(1) the security interest is a purchase-money security interest;\n(2) the interest of the encumbrancer or owner arises before the goods become fixtures; and\n(3) the security interest is perfected by a fixture filing before the goods become fixtures or within 20 days thereafter.\n(e) Priority of security interest in fixtures over interests in real property. — A perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if:\n(1) the debtor has an interest of record in the real property or is in possession of the real property and the security interest:\n(A) is perfected by a fixture filing before the interest of the encumbrancer or owner is of record; and\n(B) has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner;\n(2) before the goods become fixtures, the security interest is perfected by any method permitted by this Article and the fixtures are readily removable:\n(A) factory or office machines;\n(B) equipment that is not primarily used or leased for use in the operation of the real property; or\n(C) replacements of domestic appliances that are consumer goods;\n(3) the conflicting interest is a lien on the real property obtained by legal or equitable proceedings after the security interest was perfected by any method permitted by this Article; or\n(4) the security interest is:\n(A) created in a manufactured home in a manufactured-home transaction; and\n(B) perfected pursuant to a statute described in Section 9-311(a)(2).\n(f) Priority based on consent, disclaimer, or right to remove. — A security interest in fixtures, whether or not perfected, has priority over a conflicting interest of an encumbrancer or owner of the real property if:\n(1) the encumbrancer or owner has, in a signed record, consented to the security interest or disclaimed an interest in the goods as fixtures; or\n(2) the debtor has a right to remove the goods as against the encumbrancer or owner.\n(g) Continuation of subsection (f) priority. — The priority of the security interest under subsection (f) continues for a reasonable time if the debtor’s right to remove the goods as against the encumbrancer or owner terminates.\n(h) Priority of construction mortgage. — A mortgage is a construction mortgage to the extent that it secures an obligation incurred for the construction of an improvement on land, including the acquisition cost of the land, if a recorded record of the mortgage so indicates. Except as otherwise provided in subsections (e) and (f), a security interest in fixtures is subordinate to a construction mortgage if a record of the mortgage is recorded before the goods become fixtures and the goods become fixtures before the completion of the construction. A mortgage has this priority to the same extent as a construction mortgage to the extent that it is given to refinance a construction mortgage.\n(i) Priority of security interest in crops. — A perfected security interest in crops growing on real property has priority over a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession of the real property.","path":["Title 6. Commerce and Trade","SUBTITLE I","Uniform Commercial Code","ARTICLE 9. Secured Transactions","Part 3","Perfection and Priority"],"source_url":"https://delcode.delaware.gov/title6/c009/sc03/index.html#9-334","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:06Z","sha256":"8e8acf349e11e767a4d985fc24976e119b069cdc60636785ac6324a8a9c0f0a1","source_id":"us-de","stale":true,"prev":"us-de/6-del.-c.-9-333","next":"us-de/6-del.-c.-9-335"},"notice":"GroundRules: Original legal text. Not legal advice."}