Leases (UCC Article 2A) 

North Carolina General Statutes > Chapter 25 > Article 2A > § 25-2A-305 - Sale or sublease of goods by lessee

(1) Subject to the provisions of Gen. Stat. 25-2A-303, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the extent of the interest transferred, the leasehold interest in the goods that the lessee had or had power to transfer, and except as provided in subsection (2) of this section and Gen. Stat. 25-2A-511(4), takes subject to the existing lease contract. A lessee with a voidable leasehold interest has power to transfer a good leasehold interest to a good faith buyer for value or a good faith sublessee for value, but only to the extent set forth in the preceding sentence. When goods have been delivered under a transaction of lease, the lessee has that power even though:

(a) the lessor was deceived as to the identity of the lessee;

(b) the delivery was in exchange for a check which is later dishonored; or

(c) the delivery was procured through fraud punishable as larcenous under the criminal law.

(2) A buyer in the ordinary course of business or a sublessee in the ordinary course of business from a lessee who is a merchant dealing in goods of that kind to whom the goods were entrusted by the lessor obtains, to the extent of the interest transferred, all of the lessor's and lessee's rights to the goods, and takes free of the existing lease contract.

(3) A buyer or sublessee from the lessee of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this State or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute.

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Questions & Answers: Leases (UCC Article 2A)

Under NC commercial leases,does the lease become revolving if landlord does not provide new lease?...

land is leased for a racetrack, tenant constructs a scoreing tower which is a small 2 story building, tenant is leaving and wants to remove tower. Is this a fixture ? ...

Gary, Any building would be considered a fixture. A tenant can in most cases remove a fixture they installed, as long as the land is restored to its original condition. Take a look...

if someone has a fence put in and cements the poles into the ground are they considered a fixture not to be removed?...

See also:

North Carolina General Statutes Chapter 25 > Article 2A - Leases

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