reglab/housing_qa huggingface dataset:
NE Code § 76-203 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-203 - Deed, defined.

76-203.  Deed, defined.The term deed, as used in sections 76-201 to 76-281 and 76-2,126, shall be construed to embrace every instrument in writing by which any real estate or interest therein is created, aliened, mortgaged, or assigned or by which the title to any real estate may be affected in law or equity, except last wills and leases for one year or for a less time.Source   R.S.1866, c. 43, § 51, p. 291;   R.S.1913, § 6189;   C.S.1922, § 5588;   C.S.1929, § 76-103;   R.S.1943, § 76-203;  Laws 2012, LB536, § 28. Annotations  A postnuptial agreement may operate as a legal conveyance of real estate in Nebraska. Jorgensen v. Crandell, 134 Neb. 33, 277 N.W. 785 (1938). Assignment of real estate mortgage comes within above definition. Mulligan v. Snavely, 117 Neb. 765, 223 N.W. 8 (1929); Ames v. Miller, 65 Neb. 204, 91 N.W. 250 (1902). Lease for a fixed and definite period is not a sale of real estate, and does not operate as deed. Lindburg v. Bennett, 117 Neb. 66, 219 N.W. 851 (1928). Contract for sale of homestead was instrument which required acknowledgment. Solt v. Anderson, 71 Neb. 826, 99 N.W. 678 (1904).
NE Code § 76-204 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-204 - Deed; instrument not included.

76-204.  Deed; instrument not included.Section 76-203 shall not be construed to extend to a letter of attorney or other instrument containing a power to convey lands as agent or attorney for the owner of such lands; but every such letter or instrument, and every executory contract for the sale or purchase of lands, when proved or acknowledged in the manner prescribed by statute, may be recorded in the office of the register of deeds of any county in which the real estate to which such power or contract relates may be situated. Such an instrument, when so proved or acknowledged, and the record thereof, when recorded, or the transcript of such record, may be read in evidence, in the same manner and with the like effect as a conveyance recorded in such county.Source   R.S.1866, c. 43, § 52, p. 291;   Laws 1887, c. 30, § 26, p. 372;   R.S.1913, § 6190;   C.S.1922, § 5589;   C.S.1929, § 76-104;   R.S.1943, § 76-204;   Laws 1973, LB 227, § 1.  Annotations  Power of attorney with reference to real estate will be construed with respect to natural import of the language. Watkins v. Hagerty, 104 Neb. 414, 177 N.W. 654 (1920). A power of attorney is valid though not acknowledged, except to extent of conveying a homestead. Morris v. Linton, 61 Neb. 537, 85 N.W. 565 (1901).
NE Code § 76-206 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-206 - Covenant for title; effective words.

76-206.  Covenant for title; effective words.Unless such intention is expressly negatived by the language in the instrument, a covenant in a conveyance of real property that the grantor is seized, or lawfully seized, or words to like effect, shall be interpreted as a covenant that the grantor has good title to the very estate in quantity and quality which he purports to convey.Source   Laws 1923, c. 111, § 1, p. 269;   C.S.1929, § 76-110;   R.S.1943, § 76-206. Annotations Grantor had good title to estate in quality and quantity. Gettel v. Hester, 165 Neb. 573, 86 N.W.2d 613 (1957).
NE Code § 76-207 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-207 - Covenants; breach; constructive eviction; acts constituting.

76-207.  Covenants; breach; constructive eviction; acts constituting.Covenants of quiet enjoyment and covenants of warranty in conveyances of real property may be breached by an eviction, actual or constructive, by reason of the hostile assertion of a paramount title holder. A constructive eviction occurs in the following situations: (1) Where the covenantee is kept out of possession by the paramount title holder; (2) where the covenantee surrenders possession to the paramount title holder; and (3) where the covenantee in order to retain possession is forced to and buys off the paramount title holder.Source   Laws 1923, c. 111, § 2, p. 269;   C.S.1929, § 76-111;   R.S.1943, § 76-207. Annotations Covenants of quiet enjoyment and warranty were breached by the existence of a paramount right to possession which covenantee was forced to buy off. Grand Island Hotel Corp. v. Second Island Development Co., 191 Neb. 98, 214 N.W.2d 253 (1974).
NE Code § 76-208 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-208 - Covenants for title; who may enforce.

76-208.  Covenants for title; who may enforce.Unless such intention is expressly negatived by the language in the instrument, all covenants for title in conveyances of real property, including covenants of seisin, right to convey, freedom from encumbrances, quiet enjoyment, and warranty, when made with the grantee, run with the land and are enforceable by any assignee thereof, immediate or remote, by a suit in his own name; Provided, however, that the ultimate damage occasioned by a breach of the covenant on which suit is brought has not occurred prior to the assignment to such assignee. It shall not be a defense to the covenantor when sued by an assignee that the covenantor was a stranger to title to the whole or a part of the land the covenantor purported to convey.Source   Laws 1923, c. 111, § 3, p. 269;   C.S.1929, § 76-112;   R.S.1943, § 76-208. Annotations A lessee of real estate under a written lease for twenty-five years, notice of which is recorded, is an assignee and may enforce covenants involving possessory rights contained in a prior conveyance of the real estate to his lessor. Grand Island Hotel Corp. v. Second Island Development Co., 191 Neb. 98, 214 N.W.2d 253 (1974).
NE Code § 76-209 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-209 - Deed; after-acquired interest; effect.

76-209.  Deed; after-acquired interest; effect.When a deed purports to convey a greater interest than the grantor was at the time possessed of, any after-acquired interest of such grantor to the extent of that which the deed purports to convey shall accrue to the benefit of the grantee; Provided, however, such after-acquired interest shall not inure to the benefit of the original grantee or his heirs or assigns, if the deed conveying said real estate was either a quitclaim or special warranty, and the original grantor in any case shall not be estopped from acquiring said premises at judicial or tax sale, upon execution against the grantee or his assigns, or for taxes becoming due after date of his conveyance.Source   R.S.1866, c. 43, § 56, p. 291;   Laws 1875, § 1, p. 91;   R.S.1913, § 6193;   C.S.1922, § 5592;   C.S.1929, § 76-107;   R.S.1943, § 76-209. Annotations  Statute has no application where grantor transfers a less interest than he possesses. Gettel v. Hester, 165 Neb. 573, 86 N.W.2d 613 (1957). Property of grantor, acquired subsequently to making of deed, passed to grantee, and filing of transcript and the issuance of an execution, did not create a lien thereon. Trudeau v. Fischer, 96 Neb. 275, 147 N.W. 698 (1914). If mortgage deed purports to convey whole property, an after-acquired interest of mortgagor will accrue to title conveyed by the mortgage. Pulver v. Connelly, 93 Neb. 188, 139 N.W. 1014 (1913). If grantor obtains an instrument that evidences and fortifies the estate which his deed purports to convey, such instrument inures to the benefit of the grantee. Ford v. Axelson, 74 Neb. 92, 103 N.W. 1039 (1905). Title acquired by patent issued subsequent to conveyance by grantor inures to the benefit of grantee. Lyon v. Gombert, 63 Neb. 630, 88 N.W. 774 (1902). An after-acquired title by a grantor in a deed of quitclaim does not inure to his grantee. Troxell v. Stevens, 57 Neb. 329, 77 N.W. 781 (1899); Hagensick v. Castor, 53 Neb. 495, 73 N.W. 932 (1898).
NE Code § 76-210 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-210 - Estates in future; recognized.

76-210.  Estates in future; recognized.Estates may be created to commence at a future day.Source   R.S.1866, c. 43, § 57, p. 292;   R.S.1913, § 6194;   C.S.1922, § 5593;   C.S.1929, § 76-108;   R.S.1943, § 76-210.
NE Code § 76-212 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-212 - Private seals; use abolished.

76-212.  Private seals; use abolished.The use of private seals upon all deeds, mortgages, leases, bonds, and other instruments and contracts in writing, is abolished, and the addition of a private seal to any such instrument or contract in writing shall not affect its equity or legality in any respect.Source   R.S.1866, c. 49, § 1, p. 376;   R.S.1913, § 6251;   C.S.1922, § 5650;   C.S.1929, § 76-256;   R.S.1943, § 76-212. Annotations  Since abolishment of private seals, all contracts are simple contracts. Montgomery v. Dresher, 90 Neb. 632, 134 N.W. 251 (1912). Private seals do not affect the equity or legality of written instruments or contracts in this state. Fitzgerald v. Union Stock Yds. Co., 89 Neb. 393, 131 N.W. 612 (1911). Abolishment of seals abolished their incidents, i.e., conclusive presumption of consideration. Luce v. Foster, 42 Neb. 818, 60 N.W. 1027 (1894); Richardson v. Woodruff, 20 Neb. 132, 29 N.W. 308 (1886).
NE Code § 76-213 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-213 - Deeds and other instruments; executed without seal; validated.

76-213.  Deeds and other instruments; executed without seal; validated.All deeds, mortgages, or other instruments in writing, for the conveyance or encumbrance of real estate, or any interest therein, which have been made and executed without the use of a private seal are declared to be legal and valid in all courts of law and equity in this state and elsewhere.Source   R.S.1866, c. 49, § 2, p. 376;   R.S.1913, § 6252;   C.S.1922, § 5651;   C.S.1929, § 76-257;   R.S.1943, § 76-213.
NE Code § 76-215 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-215 - Statement; failure to furnish; penalty.

76-215.  Statement; failure to furnish; penalty.Any person who fails to obey the provisions of subsection (1) of section 76-214 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten dollars nor exceeding five hundred dollars.Source   Laws 1917, c. 224, § 2, p. 550;   C.S.1922, § 5663;   C.S.1929, § 76-269;   R.S.1943, § 76-215;   Laws 1965, c. 456, § 2, p. 1450;   Laws 1965, c. 457, § 2, p. 1452;   Laws 1994, LB 1275, § 7;  Laws 2012, LB536, § 30.
NE Code § 76-216 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-216 - Deeds; acknowledgment required.

76-216.  Deeds; acknowledgment required.The grantor must acknowledge the instrument with an acknowledgment as defined in section 64-205.Source   R.S.1866, c. 43, § 2, p. 280;   R.S.1913, § 6197;   C.S.1922, § 5596;   C.S.1929, § 76-202;   R.S.1943, § 76-216;   Laws 1978, LB 668, § 1.  Annotations  Acknowledgment must show voluntary execution. Keeling v. Hoyt, 31 Neb. 453, 48 N.W. 66 (1891); Aultman & Taylor Co. v. Jenkins, 19 Neb. 209, 27 N.W. 117 (1886). Acknowledgment that it was their voluntary act was good. Spitznagle v. Vanhessch, 13 Neb. 338, 14 N.W. 417 (1882). Substantial compliance with statute is necessary and sufficient. Becker v. Anderson, 11 Neb. 493, 9 N.W. 640 (1881). Acknowledgment is no part of deed itself. Burbank v. Ellis, 7 Neb. 156 (1878).
NE Code § 76-217 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-217 - Acknowledgment; before whom taken in this state.

76-217.  Acknowledgment; before whom taken in this state.The acknowledgment must be made or proved, if in this state, before a judge or clerk of any court, United States Magistrate or notary public therein; but no officer can take any such acknowledgment or proof out of his territorial jurisdiction.Source   R.S.1866, c. 43, § 3, p. 280;   R.S.1913, § 6198;   C.S.1922, § 5597;   C.S.1929, § 76-203;   R.S.1943, § 76-217;   Laws 1947, c. 244, § 1, p. 768;   Laws 1972, LB 1032, § 268.  Cross References   Authority to take acknowledgments:   Deputy clerks of the district and county courts, see section 24-403.  Notaries public, see section 64-107.  Secretary of State, see section 84-507.  Notaries public, generally, see Chapter 64, article 1.  Payment to county treasurer of fees of county officers for taking acknowledgments, see section 33-153. Annotations  Certificate of an officer having authority to take acknowledgments cannot be impeached by showing that it was irregularly performed. Bode v. Jussen, 93 Neb. 482, 140 N.W. 768 (1913); Morris v. Linton, 61 Neb. 537, 85 N.W. 565 (1901). Officer is disqualified to take acknowledgment when he is interested in transaction. Banking House of A. Castetter v. Stewart, 70 Neb. 815, 98 N.W. 34 (1904); Horbach v. Tyrrell, 48 Neb. 514, 67 N.W. 485 (1896); Hedbloom v. Pierson, 2 Neb. Unof. 799, 90 N.W. 218 (1902); Chadron L. & B. Assn. v. O'Linn, 1 Neb. Unof. 1, 95 N.W. 368 (1901). Certificate of acknowledgment cannot be impeached by showing that officer's duty was irregularly performed. Council Bluffs Savings Bank v. Smith, 59 Neb. 90, 80 N.W. 270 (1899). Prior to September 7, 1947, United States Commissioner was unauthorized to take acknowledgments. Interstate S. & L. Assn. v. Strine, 58 Neb. 133, 78 N.W. 377 (1899). Acknowledgment may be taken by attorney of party in interest. Havemeyer v. Dahn, 48 Neb. 536, 67 N.W. 489 (1896). Act of acknowledging officer is ministerial. Horbach v. Tyrrell, 48 Neb. 514, 67 N.W. 485 (1896). Acknowledgment is act of one who has executed instrument going before some competent officer and declaring it to be his act or deed. Aultman & Taylor Co. v. Jenkins, 19 Neb. 209, 27 N.W. 117 (1886). County clerk is authorized to take acknowledgments. Davis v. Huston, 15 Neb. 28, 16 N.W. 820 (1883). Certificate of acknowledgment cannot be impeached except for fraud, collusion, or imposition. Boldt v. Becker, 1 Neb. Unof. 75, 95 N.W. 509 (1901).
NE Code § 76-217.01 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-217.01 - Acknowledgment; defective seal; validity.

76-217.01.  Acknowledgment; defective seal; validity.No deed, mortgage, affidavit, power of attorney or other instrument in writing shall be invalidated because of any defects in the wording of the seal of the notary public attached thereto.Source  Laws 1945, c. 145, § 12, p. 494.
NE Code § 76-217.02 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-217.02 - Transferred to section 64-212.

76-217.02.  Transferred to section 64-212.
NE Code § 76-217.03 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-217.03 - Transferred to section 64-213.

76-217.03.  Transferred to section 64-213.
NE Code § 76-217.04 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-217.04 - Transferred to section 64-214.

76-217.04.  Transferred to section 64-214.
NE Code § 76-217.05 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-217.05 - Transferred to section 64-215.

76-217.05.  Transferred to section 64-215.
NE Code § 76-218 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-218 - Acknowledgment and recording of instruments; violations; penalty.

76-218.  Acknowledgment and recording of instruments; violations; penalty.Every officer within this state authorized to take the acknowledgment or proof of any conveyance, and every county clerk, who shall be guilty of knowingly stating an untruth, or guilty of any malfeasance or fraudulent practice in the execution of the duties prescribed for them by law, in relation to the taking or the certifying of the proof or acknowledgment, or the recording or certifying of any record of any such conveyance, mortgage or instrument in writing, or in relation to the canceling of any mortgage, shall upon conviction be adjudged guilty of a misdemeanor, and be subject to punishment by fine not exceeding five hundred dollars, and imprisonment not exceeding one year, and shall also be liable in damages to the party injured.Source   R.S.1866, c. 43, § 46, p. 290;   R.S.1913, § 6250;   C.S.1922, § 5649;   C.S.1929, § 76-255;   R.S.1943, § 76-218. Annotations  Certification by an attorney of a false acknowledgment is a criminal offense justifying suspension or disbarment. State ex rel. Nebraska State Bar Assn. v. Butterfield, 169 Neb. 119, 98 N.W.2d 714 (1959). County clerk, in issuing certificate of title to a motor vehicle, was not guilty of malfeasance under facts stated. Securities Credit Corp. v. Pindell, 153 Neb. 298, 44 N.W.2d 501 (1950).
NE Code § 76-219 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-219 - Acknowledgment; before whom taken in any other state or territory.

76-219.  Acknowledgment; before whom taken in any other state or territory.If the instrument is executed and acknowledged or proved in any other state, territory or district of the United States, it must be executed and acknowledged or proved either according to the laws of such state, territory or district or in accordance with the law of this state, and if acknowledged out of this state it must be before some court of record or clerk or officer holding the seal thereof, or before some commissioner to take the acknowledgment of deeds, appointed by the Governor of this state, or before some notary public.Source   R.S.1866, c. 43, § 4, p. 280;   Laws 1887, c. 61, § 2, p. 562;   Laws 1909, c. 110, § 1, p. 433;   R.S.1913, § 6199;   C.S.1922, § 5598;   C.S.1929, § 76-204;   R.S.1943, § 76-219. Annotations  A deed of lands situated in this state, executed in another state and acknowledged there before a notary public is presumed to have been executed according to the laws of that state though not witnessed, and is entitled to be received in evidence in this state, without other proof that the grantors actually executed and delivered the deed. Jorgensen v. Crandell, 134 Neb. 33, 277 N.W. 785 (1938). There is presumption of regularity of execution and acknowledgment in foreign state. Dorsey v. Conrad, 49 Neb. 443, 68 N.W. 645 (1896); Schields v. Horbach, 49 Neb. 262, 68 N.W. 524 (1896). Acknowledgment in foreign state must satisfy laws of that state or this. Roode v. State, 5 Neb. 174 (1876). Authentication is required when officer has no seal. Hoadley v. Stephens, 4 Neb. 431 (1876).
NE Code § 76-226 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-226 - Deeds; execution in foreign country; laws governing; acknowledgment.

76-226.  Deeds; execution in foreign country; laws governing; acknowledgment.If such deed be executed in a foreign country, it may be executed according to the laws of such country, and the execution thereof may be acknowledged before any notary public therein, or before any minister plenipotentiary, minister extraordinary, minister resident, charge d'affaires, commissioner, commercial agent, or consul of the United States appointed to reside therein, which acknowledgment shall be certified thereon by the officer taking the same, under his hand, and if taken before a notary public, his seal of office shall be affixed to such certificate.Source   R.S.1866, c. 43, § 6, p. 281;   R.S.1913, § 6202;   C.S.1922, § 5601;   C.S.1929, § 76-207;   R.S.1943, § 76-226. Annotations The word consul means any person invested by national government with functions of that office. Morris v. Linton, 61 Neb. 537, 85 N.W. 565 (1901).
NE Code § 76-227 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-227 - Acknowledgment before army officers; validity.

76-227.  Acknowledgment before army officers; validity.The acknowledgment of legal instruments, the attestation of documents, the administration of oaths and other notarial acts, heretofore or hereafter taken before any duly commissioned officer of the army, navy, marine corps, coast guard, or any other component part of the armed forces of the United States are hereby declared legal, valid and binding, and such instrument and documents shall be admissible in evidence and eligible to record in this state under the same circumstances, and with the same force and effect as if such acknowledgment, attestation, oath, affidavit, or other notarial act had been made or taken before a notary public within this state. If the signature, rank and branch of service of any such officer appear upon such instrument or document, no further proof of the authority of such officer to so act shall be required.Source   Laws 1919, c. 169, § 1, p. 381;   C.S.1922, § 5664;   C.S.1929, § 76-270;   Laws 1943, c. 170, § 1, p. 593;   R.S.1943, § 76-227.
NE Code § 76-228 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-228 - Proof in lieu of acknowledgment; when authorized.

76-228.  Proof in lieu of acknowledgment; when authorized.If the grantor dies before acknowledgment, or if for any cause his attendance cannot be procured in order to make the same, or, having appeared, he refused to acknowledge it, proof of the execution and delivery of the deed may be made by any competent subscribing witness thereto before any officer authorized to take the acknowledgment. The witness must state, upon oath, his own place of residence, that he set his name to the deed as a witness, that he knew the grantor in such deed, and saw him sign or heard him acknowledge he had signed the same. Such proof shall not be taken unless the officer is personally acquainted with such subscribing witness, or has satisfactory evidence that he is the same person who was a subscribing witness to such deed.Source   R.S.1866, c. 43, § 7, p. 281;   R.S.1913, § 6203;   C.S.1922, § 5602;   C.S.1929, § 76-208;   R.S.1943, § 76-228. Annotations  Proof of acknowledgment may be made by subscribing witness. Podewitz v. Gering Nat. Bank, 171 Neb. 380, 106 N.W.2d 497 (1960). Proof of acknowledged deed made by subscribing witness entitles deed to record. Wilson v. Wilson, 83 Neb. 562, 120 N.W. 147 (1909).
NE Code § 76-229 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-229 - Proof in lieu of acknowledgment; power of officer to subpoena witnesses.

76-229.  Proof in lieu of acknowledgment; power of officer to subpoena witnesses.The officer has power to issue the necessary subpoenas for the subscribing witnesses, residing in the same county, to appear before him for the purpose stated in section 76-228.Source   R.S.1866, c. 43, § 8, p. 281;   R.S.1913, § 6204;   C.S.1922, § 5603;   C.S.1929, § 76-209;   R.S.1943, § 76-229.
NE Code § 76-230 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-230 - Proof in lieu of acknowledgment; witness; disobedience to subpoena; penalty.

76-230.  Proof in lieu of acknowledgment; witness; disobedience to subpoena; penalty.Every person served with a subpoena and tendered the fees of a witness who, without reasonable cause, refuses or neglects to appear, or appearing, refuses to answer upon oath touching the matters referred to in section 76-228, shall forfeit to the party injured one hundred dollars and may also be committed to prison by the officer who issued such subpoena, there to remain without bail until he or she shall submit to answer upon oath as aforesaid.Source   R.S.1866, c. 43, § 9, p. 281;   R.S.1913, § 6205;   C.S.1922, § 5604;   C.S.1929, § 76-210;   R.S.1943, § 76-230;   Laws 1991, LB 1, § 6.
NE Code § 76-231 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-231 - Proof in lieu of acknowledgment; by handwriting; when authorized.

76-231.  Proof in lieu of acknowledgment; by handwriting; when authorized.If all the subscribing witnesses shall be dead, or out of the state, such death or absence is first to be proved, and then the execution of the deed may be proved before such officer by proving the handwriting of the grantor and of any subscribing witness to such deed.Source   R.S.1866, c. 43, § 10, p. 282;   R.S.1913, § 6206;   C.S.1922, § 5605;   C.S.1929, § 76-211;   R.S.1943, § 76-231.