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§ 697.750.Transfer Or Encumbrance of Growing Crops, Timber to Be Cut Or Minerals

Title 9. Enforcement of Judgments · Division 2 · Chapter 2. Liens · Article 4. Execution Lien · Last amended 2001 · Last verified July 28, 2026

In one sentenceSection 697.750 keeps growing crops, timber to be cut, and minerals or oil and gas to be extracted (or the receivables from selling them at the wellhead or minehead) subject to an execution lien even after they're transferred or encumbered, without the broad list of protected buyers that Section 697.740 provides elsewhere.

Full Text of § 697.750

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Notwithstanding Section 697.740, except as provided in Section 9617 of the Commercial Code and in Section 701.630, if (1) growing crops, (2) timber to be cut, or (3) minerals or the like (including oil or gas) to be extracted or accounts receivable resulting from the sale thereof at wellhead or minehead are subject to an execution lien and are transferred or encumbered, the property remains subject to the execution lien after the transfer or encumbrance.

Plain-English Summary

Natural resources still attached to the land get their own rule, separate from the general personal-property rule in § 697.740. Growing crops, timber to be cut, and minerals, oil, or gas awaiting extraction — along with accounts receivable generated by selling those resources at the wellhead or minehead — stay subject to an execution lien after a transfer or encumbrance, without the extensive list of protected buyers and lessees that would otherwise apply.

The only exceptions come from outside this section entirely: Commercial Code § 9617 and § 701.630. Because this category of property is tied to the land it comes from, the Legislature treated it as needing tighter protection for the lienholder than ordinary personal property gets.

Frequently Asked Questions

Do the buyer-protection exceptions in § 697.740 apply to growing crops or timber to be cut?

No. Section 697.750 keeps this property subject to the execution lien after a transfer or encumbrance, without those exceptions.

What property does this section cover?

Growing crops, timber to be cut, minerals or oil and gas to be extracted, and accounts receivable from selling those resources at the wellhead or minehead.

Are there any exceptions at all under this section?

Yes, but only the ones provided in Commercial Code § 9617 and in § 701.630.

Amendment History

EFFECTIVE 7/1/2001. Amended October 10, 1999 (Bill Number: SB 45) (Chapter 991).

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: execution lien growing crops timber minerals californiawellhead minehead accounts receivable lien