(810 ILCS 5/2-107)
(from Ch. 26, par. 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 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 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.
(Source: P.A. 77-2810.)