{"data":{"id":"us-ok/okla.-stat.-tit.-12a-12a-2a-309","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12A, § 12A-2A-309","heading":"Lessor's and Lessee's Rights When Goods Become","body":"Fixtures.\n\nLESSOR'S AND LESSEE'S RIGHTS WHEN GOODS BECOME FIXTURES\n\n(1) In this section:\n\n(a) goods are \"fixtures\" when they become so related to\n\nparticular real estate that an interest in them arises\n\nunder real estate law;\n\n(b) a \"fixture filing\" is the filing, in the office where\n\na mortgage on the real estate would be filed or\n\nrecorded, of a financing statement covering goods that\n\nare or are to become fixtures and conforming to the\n\nrequirements of subsections (a) and (b) of Section 1-\n\n9-502 of this title, as applicable;\n\n(c) a lease is a \"purchase money lease\" unless the lessee\n\nhas possession or use of the goods or the right to\n\npossession or use of the goods before the lease\n\nagreement is enforceable;\n\n(d) a mortgage is a \"construction mortgage\" to the extent\n\nit secures an obligation incurred for the construction\n\nof an improvement on land including the acquisition\n\ncost of the land, if the recorded writing so\n\nindicates; and\n\n(e) \"encumbrance\" includes real estate mortgages and other\n\nliens on real estate and all other rights in real\n\nestate that are not ownership interests.\n\n(2) Under this article a lease may be of goods that are\n\nfixtures or may continue in goods that become fixtures, but no lease\n\nexists under this article of ordinary building materials\n\nincorporated into an improvement on land.\n\n(3) This article does not prevent creation of a lease of\n\nfixtures pursuant to real estate law.\n\n(4) The perfected interest of a lessor of fixtures has priority\n\nover a conflicting interest of an encumbrancer or owner of the real\n\nestate if:\n\n(a) the lease is a purchase money lease, the conflicting\n\ninterest of the encumbrancer or owner arises before\n\nthe goods become fixtures, the interest of the lessor\n\nis perfected by a fixture filing before the goods\n\nbecome fixtures or within ten (10) days thereafter,\n\nand the lessee has an interest of record in the real\n\nestate or is in possession of the real estate; or\n\n(b) the interest of the lessor is perfected by a fixture\n\nfiling before the interest of the encumbrancer or\n\nowner is of record, the lessor's interest has priority\n\nover any conflicting interest of a predecessor in\n\ntitle of the encumbrancer or owner, and the lessee has\n\nan interest of record in the real estate or is in\n\npossession of the real estate.\n\n(5) The interest of a lessor of fixtures, whether or not\n\nperfected, has priority over the conflicting interest of an\n\nencumbrancer or owner of the real estate if:\n\n(a) the fixtures are readily removable factory or office\n\nmachines, readily removable equipment that is not\n\nprimarily used or leased for use in the operation of\n\nthe real estate, or readily removable replacements of\n\ndomestic appliances that are goods subject to a\n\nconsumer lease, and before the goods become fixtures\n\nthe lease contract is enforceable; or\n\n(b) the conflicting interest is a lien on the real estate\n\nobtained by legal or equitable proceedings after the\n\nlease contract is enforceable; or\n\n(c) the encumbrancer or owner has consented in writing to\n\nthe lease or has disclaimed an interest in the goods\n\nas fixtures; or\nds become fixtures\n\nthe lease contract is enforceable; or\n\n(b) the conflicting interest is a lien on the real estate\n\nobtained by legal or equitable proceedings after the\n\nlease contract is enforceable; or\n\n(c) the encumbrancer or owner has consented in writing to\n\nthe lease or has disclaimed an interest in the goods\n\nas fixtures; or\n\n(d) the lessee has a right to remove the goods as against\n\nthe encumbrancer or owner. If the lessee's right to\n\nremove terminates, the priority of the interest of the\n\nlessor continues for a reasonable time.\n\n(6) Notwithstanding paragraph (a) of subsection (4) of this\n\nsection but otherwise subject to subsections (4) and (5) of this\n\nsection, the interest of a lessor of fixtures, including the\n\nlessor's residual interest, is subordinate to the conflicting\n\ninterest of an encumbrancer of the real estate under a construction\n\nmortgage recorded before the goods become fixtures if the goods\n\nbecome fixtures before the completion of the construction. To the\n\nextent given to refinance a construction mortgage, the conflicting\n\ninterest of an encumbrancer of the real estate under a mortgage has\n\nthis priority to the same extent as the encumbrancer of the real\n\nestate under the construction mortgage.\n\n(7) In cases other than those described in subsections (1)\n\nthrough (6) of this section, priority between the interest of a\n\nlessor of fixtures, including the lessor's residual interest, and\n\nthe conflicting interest of an encumbrancer or owner of the real\n\nestate who is not the lessee is determined by the priority rules\n\ngoverning conflicting interests in real estate.\n\n(8) If the interest of a lessor of fixtures, including the\n\nlessor's residual interest, has priority over all conflicting\n\ninterests of all owners and encumbrancers of the real estate, the\n\nlessor or the lessee may (i) on default, expiration, termination, or\n\ncancellation of the lease agreement but subject to the lease\n\nagreement and this article, or (ii) if necessary to enforce other\n\nrights and remedies of the lessor or lessee under this article,\n\nremove the goods from the real estate, free and clear of all\n\nconflicting interests of all owners and encumbrancers of the real\n\nestate, but the lessor or lessee must reimburse any encumbrancer or\n\nowner of the real estate who is not the lessee and who has not\n\notherwise agreed for the cost of repair of any physical injury, but\n\nnot for any diminution in value of the real estate caused by the\n\nabsence of the goods removed or by any necessity of replacing them.\n\nA person entitled to reimbursement may refuse permission to remove\n\nuntil the party seeking removal gives adequate security for the\n\nperformance of this obligation.\n\n(9) Even though the lease agreement does not create a security\n\ninterest, the interest of a lessor of fixtures, including the\n\nlessor's residual interest, is perfected by filing a financing\n\nstatement as a fixture filing for leased goods that are or are to\n\nbecome fixtures in accordance with the relevant provisions of the\n\nUniform Commercial Code - Secured Transactions.","path":["OK Code","Title 12A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d5a71c425f8723078d1cdef201b0911d3dac0d2742d1f2ad7fcf6f7b7ebcffd8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12a-12a-2a-308","next":"us-ok/okla.-stat.-tit.-12a-12a-2a-310"},"notice":"GroundRules: Original legal text. Not legal advice."}