NRS 104A.2309
Lessor’s and lessee’s rights when goods become fixtures.


1.

In this section:

(a)

Goods are “fixtures” when they become so related to particular real estate that an interest in them arises under real estate law;

(b)

A “fixture filing” is the filing, in the office where a mortgage on the real estate would be filed or recorded, of a financing statement covering goods that are or are to become fixtures and conforming to the requirements of subsections 1 and 2 of NRS 104.9502;

(c)

A lease is a “purchase money lease” unless the lessee has possession or use of the goods or the right to possession or use of the goods before the lease agreement is enforceable;

(d)

A mortgage is a “construction mortgage” to the extent it secures an obligation incurred for the construction of an improvement on land including the acquisition cost of the land, if the recorded writing so indicates; and

(e)

“Encumbrance” includes real estate mortgages and other liens on real estate and all other rights in real estate that are not ownership interests.

2.

Under this Article a lease may be of goods that are fixtures or may continue in goods that become fixtures, but no lease exists under this Article of ordinary building materials incorporated into an improvement on land.

3.

This Article does not prevent creation of a lease of fixtures pursuant to real estate law.

4.

The perfected interest of a lessor of fixtures has priority over a conflicting interest of an encumbrancer or owner of the real estate if:

(a)

The lease is a purchase money lease, the conflicting interest of the encumbrancer or owner arises before the goods become fixtures, the interest of the lessor is perfected by a fixture filing before the goods become fixtures or within 10 days thereafter, and the lessee has an interest of record in the real estate or is in possession of the real estate; or

(b)

The interest of the lessor is perfected by a fixture filing before the interest of the encumbrancer or owner is of record, the lessor’s interest has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner, and the lessee has an interest of record in the real estate or is in possession of the real estate.

5.

The interest of a lessor of fixtures, whether or not perfected, has priority over the conflicting interest of an encumbrancer or owner of the real estate if:

(a)

The fixtures are readily removable factory or office machines, readily removable equipment that is not primarily used or leased for use in the operation of the real estate, or readily removable replacements of domestic appliances that are goods subject to a consumer lease, and before the goods become fixtures the lease contract is enforceable;

(b)

The conflicting interest is a lien on the real estate obtained by legal or equitable proceedings after the lease contract is enforceable;

(c)

The encumbrancer or owner has consented in writing to the lease or has disclaimed an interest in the goods as fixtures; or

(d)

The lessee has a right to remove the goods as against the encumbrancer or owner. If the lessee’s right to remove terminates, the priority of the interest of the lessor continues for a reasonable time.

6.

Notwithstanding paragraph (a) of subsection 4 but otherwise subject to subsections 4 and 5, the interest of a lessor of fixtures, including the lessor’s residual interest, is subordinate to the conflicting interest of an encumbrancer of the real estate under a construction mortgage recorded before the goods become fixtures if the goods become fixtures before the completion of the construction. To the extent given to refinance a construction mortgage, the conflicting interest of an encumbrancer of the real estate under a mortgage has this priority to the same extent as the encumbrancer of the real estate under the construction mortgage.

7.

In cases not within the preceding subsections, priority between the interest of a lessor of fixtures, including the lessor’s residual interest, and the conflicting interest of an encumbrancer or owner of the real estate who is not the lessee is determined by the priority rules governing conflicting interests in real estate.

8.

If the interest of a lessor of fixtures, including the lessor’s residual interest, has priority over all conflicting interests of all owners and encumbrancers of the real estate, the lessor or the lessee may:

(a)

On default, expiration, termination or cancellation of the lease agreement but subject to the lease agreement and this Article; or

(b)

If necessary to enforce his or her other rights and remedies under this Article,
Ê remove the goods from the real estate, free and clear of all conflicting interests of all owners and encumbrancers of the real estate, but he or she must reimburse any encumbrancer or owner of the real estate who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury, but not for any diminution in value of the real estate caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.

9.

Even though the lease agreement does not create a security interest, the interest of a lessor of fixtures, including the lessor’s residual interest, is perfected by filing a financing statement as a fixture filing for leased goods that are or are to become fixtures in accordance with the relevant provisions of Article 9 on secured transactions.

Source: Section 104A.2309 — Lessor’s and lessee’s rights when goods become fixtures., https://www.­leg.­state.­nv.­us/NRS/NRS-104A.­html#NRS104ASec2309.

104A.010
Applicability of and references to Uniform Commercial Code.
104A.200
Law applicable to transactions entered into before January 1, 1990.
104A.2101
Short title.
104A.2102
Scope.
104A.2103
Definitions and index of definitions.
104A.2104
Leases subject to other law.
104A.2105
Territorial application of article to goods covered by certificate of title.
104A.2106
Limitation on power of parties to consumer lease to choose applicable law and judicial forum.
104A.2107
Waiver or renunciation of claim or right after default.
104A.2108
Unconscionability.
104A.2109
Option to accelerate at will.
104A.2201
Statute of frauds.
104A.2202
Final written expression: Parol or extrinsic evidence.
104A.2203
Seals inoperative.
104A.2204
Formation in general.
104A.2205
Firm offers.
104A.2206
Offer and acceptance in formation of lease contract.
104A.2208
Modification, rescission and waiver.
104A.2209
Lessee under finance lease as beneficiary of supply contract.
104A.2210
Express warranties.
104A.2211
Warranties against interference and against infringement
104A.2212
Implied warranty of merchantability.
104A.2213
Implied warranty of fitness for particular purpose.
104A.2214
Exclusion or modification of warranties.
104A.2215
Cumulation and conflict of warranties express or implied.
104A.2216
Third-party beneficiaries of express and implied warranties.
104A.2217
Identification.
104A.2218
Insurance and proceeds.
104A.2219
Risk of loss.
104A.2220
Effect of default on risk of loss.
104A.2221
Casualty to identified goods.
104A.2301
Enforceability of lease contract.
104A.2302
Title to and possession of goods.
104A.2303
Alienability of party’s interest under lease contract or of lessor’s residual interest in goods
104A.2304
Subsequent lease of goods by lessor.
104A.2305
Sale or sublease of goods by lessee.
104A.2306
Priority of certain liens arising by operation of law.
104A.2307
Priority of liens arising by attachment or levy on, security interests in and other claims to goods.
104A.2308
Special rights of creditors.
104A.2309
Lessor’s and lessee’s rights when goods become fixtures.
104A.2310
Lessor’s and lessee’s rights when goods become accessions.
104A.2311
Priority subject to subordination.
104A.2401
Insecurity: Adequate assurance of performance.
104A.2402
Anticipatory repudiation.
104A.2403
Retraction of anticipatory repudiation.
104A.2404
Substituted performance.
104A.2405
Excused performance.
104A.2406
Procedure on excused performance.
104A.2407
Irrevocable promises: Finance leases.
104A.2501
Default: Procedure.
104A.2502
Notice after default.
104A.2503
Modification or impairment of rights and remedies.
104A.2504
Liquidation of damages.
104A.2505
Cancellation and termination, and effect of cancellation, termination, rescission or fraud on rights and remedies.
104A.2506
Statute of limitations.
104A.2507
Proof of market rent: Time and place.
104A.2508
Lessee’s remedies.
104A.2509
Lessee’s rights on improper delivery
104A.2510
Installment lease contracts: Rejection and default.
104A.2511
Merchant lessee’s duties as to rightfully rejected goods.
104A.2512
Lessee’s duties as to rightfully rejected goods.
104A.2513
Cure by lessor of improper tender or delivery
104A.2514
Waiver of lessee’s objections.
104A.2515
Acceptance of goods.
104A.2516
Effect of acceptance of goods
104A.2517
Revocation of acceptance of goods.
104A.2518
Cover
104A.2519
Lessee’s damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods.
104A.2520
Lessee’s incidental and consequential damages.
104A.2521
Lessee’s right to specific performance or replevin.
104A.2522
Lessee’s right to goods on lessor’s insolvency.
104A.2523
Lessor’s remedies.
104A.2524
Lessor’s right to identify goods to lease contract.
104A.2525
Lessor’s right to possession of goods.
104A.2526
Lessor’s stoppage of delivery in transit or otherwise.
104A.2527
Lessor’s rights to dispose of goods.
104A.2528
Lessor’s damages for nonacceptance, failure to pay, repudiation or other default.
104A.2529
Lessor’s action for the rent.
104A.2530
Lessor’s incidental damages.
104A.2531
Standing to sue third parties for injury to goods.
104A.2532
Lessor’s rights to residual interest.
104A.4101
Short title.
104A.4102
Subject matter.
104A.4103
Payment order: Definitions.
104A.4104
Funds transfer: Definitions.
104A.4105
Other definitions.
104A.4106
Time payment order is received.
104A.4107
Federal Reserve regulations and operating circulars.
104A.4108
Exclusion of certain consumer transactions governed by federal law
104A.4201
Security procedure.
104A.4202
Authorized and verified payment orders.
104A.4203
Unenforceability of certain verified payment orders.
104A.4204
Refund of payment and duty of customer to report with respect to unauthorized payment order.
104A.4205
Erroneous payment orders.
104A.4206
Transmission of payment order through funds-transfer or other communication system.
104A.4207
Misdescription of beneficiary.
104A.4208
Misdescription of intermediary bank or beneficiary’s bank.
104A.4209
Acceptance of payment order.
104A.4210
Rejection of payment order.
104A.4211
Cancellation and amendment of payment order.
104A.4212
Liability and duty of receiving bank regarding unaccepted payment order.
104A.4301
Execution and execution date.
104A.4302
Obligation of receiving bank in execution of payment order.
104A.4303
Erroneous execution of payment order.
104A.4304
Duty of sender to report erroneously executed payment order.
104A.4305
Liability for late or improper execution or failure to execute payment order.
104A.4401
Payment date.
104A.4402
Obligation of sender to pay receiving bank.
104A.4403
Payment by sender to receiving bank.
104A.4404
Obligation of beneficiary’s bank to pay and give notice to beneficiary.
104A.4405
Payment by beneficiary’s bank to beneficiary.
104A.4406
Payment by originator to beneficiary
104A.4501
Variation by agreement and effect of funds-transfer system rule.
104A.4502
Creditor’s process served on receiving bank
104A.4503
Injunction or restraining order with respect to funds transfer.
104A.4504
Order in which items and payment orders may be charged to account
104A.4505
Preclusion of objection to debit of customer’s account.
104A.4506
Rate of interest.
104A.4507
Choice of law.
Last Updated

Jun. 24, 2021

§ 104A.2309’s source at nv​.us