Idaho State Statutes - Idaho Attorney Directory

(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.

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