411.310 Lessor's and lessee's rights when goods become accessions.
(1) In this section, “accessions" means goods that are installed in or affixed to other goods.
(2) The interest of a lessor or a lessee under a lease contract entered into before the goods become accessions is superior to all interests in the whole except as provided in sub. (4).
(3) The interest of a lessor or a lessee under a lease contract entered into when or after the goods become accessions is superior to all subsequently acquired interests in the whole except as provided in sub. (4) but is subordinate to interests in the whole existing when the lease contract was made unless the holders of such interests in the whole consent in writing to the lease or disclaim in writing an interest in the goods as part of the whole.
(4) The interest of a lessor or a lessee under a lease contract described in sub. (2) or (3) is subordinate to the interest of any of the following:
(a) A buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods become accessions.
(b) A creditor with a security interest in the whole perfected before the lease contract is made to the extent that the creditor makes subsequent advances without knowledge of the lease contract.
(5) When under subs. (2) and (4) or under subs. (3) and (4) a lessor or a lessee of accessions holds an interest that is superior to all interests in the whole, the lessor or the lessee may on default, expiration, termination or cancellation of the lease contract by the other party but subject to the lease contract and this chapter, or if necessary to enforce his or her other rights and remedies under this chapter, remove the goods from the whole, free and clear of all interests in the whole, but he or she shall reimburse any holder of an interest in the whole 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 whole caused by the absence of the goods removed or by any necessity for 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.
History: 1991 a. 148.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 411 - Uniform commercial code — leases.
411.103 - Definitions and index of definitions.
411.104 - Leases subject to other law.
411.105 - Territorial application of chapter to goods covered by certificate of title.
411.107 - Waiver or renunciation of claim or right after default.
411.109 - Option to accelerate at will.
411.202 - Final written expression: parol or extrinsic evidence.
411.204 - Formation in general.
411.206 - Offer and acceptance in formation of lease contract.
411.207 - Course of performance or practical construction.
411.208 - Modification, rescission and waiver.
411.209 - Lessee under finance lease as beneficiary of supply contract.
411.212 - Implied warranty of merchantability.
411.213 - Implied warranty of fitness for particular purpose.
411.214 - Exclusion or modification of warranties.
411.215 - Cumulation and conflict of warranties express or implied.
411.216 - Third-party beneficiaries of express and implied warranties.
411.218 - Insurance and proceeds.
411.220 - Effect of default on risk of loss.
411.221 - Casualty to identified goods.
411.301 - Enforceability of lease contract.
411.302 - Title to and possession of goods.
411.304 - Subsequent lease of goods by lessor.
411.305 - Sale or sublease of goods by lessee.
411.306 - Priority of certain liens arising by operation of law.
411.308 - Special rights of creditors.
411.309 - Lessor's and lessee's rights when goods become fixtures.
411.310 - Lessor's and lessee's rights when goods become accessions.
411.311 - Priority subject to subordination.
411.401 - Insecurity: adequate assurance of performance.
411.402 - Anticipatory repudiation.
411.403 - Retraction of anticipatory repudiation.
411.404 - Substituted performance.
411.405 - Excused performance.
411.406 - Procedure on excused performance.
411.407 - Irrevocable promises: finance leases.
411.502 - Notice after default.
411.503 - Modification or impairment of rights and remedies.
411.504 - Liquidation of damages.
411.506 - Statute of limitations.
411.507 - Proof of market rent: time and place.
411.509 - Lessee's rights on improper delivery; rightful rejection.
411.510 - Installment lease contracts: rejection and default.
411.511 - Merchant lessee's duties as to rightfully rejected goods.
411.512 - Lessee's duties as to rightfully rejected goods.
411.513 - Cure by lessor of improper tender or delivery; replacement.
411.514 - Waiver of lessee's objections.
411.515 - Acceptance of goods.
411.517 - Revocation of acceptance of goods.
411.518 - Cover; substitute goods.
411.520 - Lessee's incidental and consequential damages.
411.521 - Lessee's right to specific performance or replevin.
411.522 - Lessee's right to goods on lessor's insolvency.
411.524 - Lessor's right to identify goods to lease contract.
411.525 - Lessor's right to possession of goods.
411.526 - Lessor's stoppage of delivery in transit or otherwise.
411.527 - Lessor's rights to dispose of goods.
411.528 - Lessor's damages for nonacceptance, failure to pay, repudiation or other default.
411.529 - Lessor's action for the rent.
411.530 - Lessor's incidental damages.
411.531 - Standing to sue 3rd parties for injury to goods.