| 3. Security Interests in Fixtures. Certain goods that are |
the subject of personal-property (chattel) financing become so |
affixed or otherwise so related to real property that they become |
part of the real property. These goods are called "fixtures." |
See Section 9-102 [Maine cite section 9-1102] (definition of |
"fixtures"). Some fixtures retain their personal-property |
nature: a security interest under this Article may be created in |
fixtures and may continue in goods that become fixtures. See |
subsection (a) [Maine cite subsection (1)]. However, if the |
goods are ordinary building materials incorporated into an |
improvement on land, no security interest in them exists. |
Rather, the priority of claims to the building materials are |
determined by the law governing claims to real property. (Of |
course, the fact that no security interest exists in ordinary |
building materials incorporated into an improvement on land does |
not prejudice any rights the secured party may have against the |
debtor or any other person who violated the secured party's |
rights by wrongfully incorporating the goods into real property.) |