reglab/housing_qa huggingface dataset:
NE Code § 76-291 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-291 - Claim; notice; who may file.

76-291.  Claim; notice; who may file.The notice mentioned in section 76-290 may be filed for record by the claimant of any interest therein described or by any other person acting on behalf of a claimant who is under disability, unable to assert a claim on his own behalf, or one of a class but whose identity cannot be established or is uncertain at the time of filing such claim for record.Source  Laws 1947, c. 243, § 4, p. 764.
NE Code § 76-292 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-292 - Claim; requisites; recorded.

76-292.  Claim; requisites; recorded.The claim referred to in sections 76-290 and 76-291 shall be filed in each county where the claimed real estate, or any part thereof, is located, and must set forth the legal description of the real estate affected by such claim together with a statement of the nature of the claim, charge or interest asserted. The description shall be set forth in particular terms and not by general inclusions.Source  Laws 1947, c. 243, § 5, p. 764.
NE Code § 76-293 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-293 - Notices; recording.

76-293.  Notices; recording.The register of deeds of each county shall accept all such notices which describe real estate located within the county which he serves and shall enter and record such notices in full among miscellaneous instruments and index the same.Source  Laws 1947, c. 243, § 6, p. 764.
NE Code § 76-294 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-294 - Possession; proof by affidavit; recording.

76-294.  Possession; proof by affidavit; recording.For the purpose of sections 25-207, 25-213, 40-104, and 76-288 to 76-298, the fact of possession of real estate referred to in section 76-288 may be shown of record by one or more affidavits which shall contain the legal description of the real estate referred to and show that the record titleholder is upon the date thereof in possession of such real estate. The register of deeds shall record such affidavit or affidavits in the miscellaneous records of his county.No such affidavits of possession shall be filed as to any real estate before the expiration of twenty-three years from the recording of deed of conveyance under which title is claimed, or before one year after April 8, 1947, whichever event is the latest in point of time, as to any real estate as to which a claim under the provisions of section 76-292 shall have been filed.Source  Laws 1947, c. 243, § 7, p. 764.
NE Code § 76-295 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-295 - Statutes of limitations; not extended; applicability of sections.

76-295.  Statutes of limitations; not extended; applicability of sections.Nothing contained in sections 25-207, 25-213, 40-104, and 76-288 to 76-298 shall be construed to extend the period for bringing an action or doing any act required under any existing statute of limitations, nor to affect the operation of any existing acts governing the effect of the recording or the failure to record any instrument affecting lands.Source  Laws 1947, c. 243, § 8, p. 765.
NE Code § 76-296 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-296 - Notices; slander of title; damages.

76-296.  Notices; slander of title; damages.No person shall use the privilege of filing notices hereunder for the purpose of slandering the title to real estate and in any action brought for the purpose of quieting title to real estate, if the court shall find that any person has filed a claim for the purpose only of slandering title to such real estate, the court shall award the plaintiff all the costs of such action, including attorney fees to be fixed and allowed to the plaintiff by the court, and all damages that plaintiff may have sustained as the result of such notice of claim having been filed for record.Source  Laws 1947, c. 243, § 9, p. 765. Annotations An action for slander of title is based upon a false and malicious statement, oral or written, which disparages a person's title to real or personal property and results in special damage. For slander of title claims, malice requires (1) knowledge that the statement is false or (2) reckless disregard for its truth or falsity. Wilson v. Fieldgrove, 280 Neb. 548, 787 N.W.2d 707 (2010).
NE Code § 76-297 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-297 - Sections; how construed.

76-297.  Sections; how construed.Sections 25-207, 25-213, 40-104, and 76-288 to 76-298 shall be construed to effect the legislative purpose of simplifying and facilitating real estate title transactions by allowing persons to deal with the record title owner as defined herein and to rely upon the record title covering a period of twenty-two years or more subsequent to the recording of deed of conveyance as set out in section 76-288, and to that end to bar all claims that affect or may affect the interest thus dealt with, the existence of which claims arises out of or depends upon any act, transaction, event, or omission occurring before the recording of such deed of conveyance, unless a notice of such claim, as provided in section 76-292, shall have been duly filed for record. The claims hereby barred shall mean any and all interests of any nature whatever, however denominated, whether such claims are asserted by a person sui juris or under disability, whether such person is or has been within or without the state, and whether such person is natural, corporate, private, or governmental.Source  Laws 1947, c. 243, § 10(1), p. 765.
NE Code § 76-298 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-298 - Sections; applicability.

76-298.  Sections; applicability.Sections 25-207, 25-213, 40-104, and 76-288 to 76-298 shall not be (1) applied to bar (a) the rights of any lessor or his successor as reversionary of his right to possession on the expiration of any lease by reason of failure to file the notice herein required; (b) the rights of any remainderman upon the expiration of any life estate or trust created before the recording of deed of conveyance as set out in section 76-288; (c) rights founded upon any mortgage, trust deed, or contract for sale of lands which is not barred by the statute of limitations; or (d) conditions subsequent contained in any deed; nor (2) deemed to affect the right, title or interest of the State of Nebraska, or the United States, in any real estate in Nebraska.Source  Laws 1947, c. 243, § 10(2), p. 766.
NE Code § 76-299 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-299 - Reverter or rights of entry for breach of condition subsequent; not alienable or devisable.

76-299.  Reverter or rights of entry for breach of condition subsequent; not alienable or devisable.Possibilities of reverter or rights of entry or reentry for breach of condition subsequent are hereby declared to be future interests and shall not be alienable or devisable; and no conveyance thereof made after May 15, 1959, shall operate in favor of the grantee or persons claiming under such grantee.Source  Laws 1959, c. 350, § 1, p. 1237. Annotations  This section does not purport to create a new estate nor to expand the existing law on the subject. This case reverses Cast v. National Bank of Commerce T. & S. Assn., 185 Neb. 358, 176 N.W.2d 29 (1970). Cast v. National Bank of Commerce T. & S. Assn., 186 Neb. 385, 183 N.W.2d 485 (1971). After possibilities of reverter or right of entry or reentry for breach of condition subsequent created, they cannot be thereafter conveyed or devised and must terminate within thirty years. Cast v. National Bank of Commerce T. & S. Assn., 185 Neb. 358, 176 N.W.2d 29 (1970). Constitutionality of act of which this section is a part raised but not decided. McArdle v. School Dist. of Omaha, 179 Neb. 122, 136 N.W.2d 422 (1965).
NE Code § 76-2,100 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,100 - Reverter or rights of entry; termination of trust; succession.

76-2,100.  Reverter or rights of entry; termination of trust; succession.At the termination of a trust, however effected, any right of entry or reentry for breach of condition subsequent and any possibility of reverter heretofore or hereafter reserved by or to the trustee and affecting land in this state ceases and determines as to the trustee, but shall, at such termination pass to the person or persons who receive the assets of the trust.Source  Laws 1959, c. 350, § 2, p. 1237. Annotations This section does not purport to create a new estate nor to expand the existing law on the subject. Cast v. National Bank of Commerce T. & S. Assn., 186 Neb. 385, 183 N.W.2d 485 (1971).
NE Code § 76-2,101 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,101 - Reverter or rights of entry; dissolution of corporation; ceases and determines.

76-2,101.  Reverter or rights of entry; dissolution of corporation; ceases and determines.When a corporation is dissolved or ceases to exist, any possibility of reverter and any right of entry or reentry for breach of condition subsequent heretofore or hereafter reserved by or to the corporation and affecting land in this state ceases and determines.Source  Laws 1959, c. 350, § 3, p. 1237. Annotations This section does not purport to create a new estate nor to expand the existing law on the subject. Cast v. National Bank of Commerce T. & S. Assn., 186 Neb. 385, 183 N.W.2d 485 (1971).
NE Code § 76-2,102 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,102 - Reverter or rights of entry; limitation.

76-2,102.  Reverter or rights of entry; limitation.Neither possibilities of reverter nor rights of entry or reentry for breach of condition subsequent, whether heretofore or hereafter created, where the condition has not been broken shall be valid for a longer period than thirty years from the date of the creation of the condition or possibility of reverter. If such a possibility of reverter or right of entry or reentry is created to endure for a longer period than thirty years, it shall be valid for thirty years.Source  Laws 1959, c. 350, § 4, p. 1237. Annotations  Under the facts in this case, this section did not violate the due process or the contract clause of the United States or the Nebraska Constitution or the eminent domain provisions of the latter Constitution, and is not void. Hiddleston v. Nebraska Jewish Education Soc., 186 Neb. 786, 186 N.W.2d 904 (1971). This section does not purport to create a new estate nor to expand the existing law on the subject. Cast v. National Bank of Commerce T. & S. Assn., 186 Neb. 385, 183 N.W.2d 485 (1971). In Nebraska a reverter clause in a conveyance establishing a defeasible fee is enforceable if it is not otherwise invalid as an unreasonable restraint on alienation. Falls City v. Missouri Pacific R.R. Co., 453 F.2d 771 (8th Cir. 1972).
NE Code § 76-2,103 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,103 - Reverter or rights of entry; commencement of action for breach; limitation.

76-2,103.  Reverter or rights of entry; commencement of action for breach; limitation.If by reason of a possibility of reverter created more than thirty years prior to May 15, 1959, a reverter has come into existence prior to May 15, 1959, no person shall commence an action for the recovery of the land or any part thereof based upon such possibility of reverter, after one year from May 15, 1959.If by reason of a breach of a condition subsequent created more than thirty years prior to May 15, 1959, a right of reentry has come into existence prior to May 15, 1959, no person shall commence an action for the recovery of the land or any part thereof based upon such right of entry or reentry after one year from May 15, 1959, unless entry or reentry has been actually made to enforce said right before the expiration of such year.Source  Laws 1959, c. 350, § 5, p. 1237.
NE Code § 76-2,104 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,104 - Reverter or rights of entry; other rights; sections; applicability.

76-2,104.  Reverter or rights of entry; other rights; sections; applicability.Subsections (2) and (3) of section 76-107 and sections 76-299 to 76-2,105 shall not invalidate or affect:(1) A conveyance made for the purpose of releasing or extinguishing a possibility of reverter or right of entry or reentry;(2) A right of entry or the transfer of a right of entry for default in payment of rent reserved in a lease or for breach of covenant contained in a lease, when such transfer is in connection with a transfer of a reversion and the rent reserved in the lease;(3) A right of reentry or the transfer of a right of entry for default in payment of a rent granted or reserved in any deed or grant or for breach of any covenant in any deed or grant when a rent is granted or reserved, if such transfer is in connection with a transfer of a rent so granted or the transfer of a rent so reserved;(4) Any rights of a mortgagor based upon the terms of the mortgage, any rights of a trustee or a beneficiary under a trust deed in the nature of a mortgage based upon the terms of the trust deed, or any rights of grantor under a vendor's lien reserved in a deed; or(5) Any condition, restrictive covenant, limitation, or possibility of reverter or right of entry or reentry for breach of condition subsequent contained in any grant or easement to any railroad or other public utility for the establishment and operation of a transportation system, communication or transmission lines, or public highways.Source   Laws 1959, c. 350, § 6, p. 1238;   Laws 1988, LB 657, § 3.  Annotations Subsection (5) of this section does not apply when conditions subsequent attached to a fee simple estate restrain alienability because such conditions subsequent are void ab initio. Poppleton v. Village Realty Co., 248 Neb. 353, 535 N.W.2d 400 (1995).
NE Code § 76-2,105 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,105 - Reverter or rights of entry; sections; severability.

76-2,105.  Reverter or rights of entry; sections; severability.If any provision of sections 76-299 to 76-2,105 or the application of any provision thereto to any property, person, or circumstance is held to be invalid, such provision as to such property, person, or circumstance shall be deemed to be excised from sections 76-299 to 76-2,105, and the invalidity thereof as to such property, persons, or circumstances shall not affect any of the other provisions of sections 76-299 to 76-2,105 or the application of such provision to property, persons, or circumstances other than those as to which it is invalid, and sections 76-299 to 76-2,105 shall be applied and shall be effective in every situation so far as its constitutionality extends.Source  Laws 1959, c. 350, § 7, p. 1239.
NE Code § 76-2,106 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,106 - Terms, defined.

76-2,106.  Terms, defined.As used in sections 76-2,106 to 76-2,108, unless the context otherwise requires:(1) Dual contracts shall mean two written contracts entered into between identical contracting persons in identical capacities concerning the same parcel of real property, one of which states the true and actual purchase price and one of which states a purchase price in excess of the true and actual purchase price and is used as an inducement to make a loan commitment on such real property in reliance upon the stated inflated value; and(2) Fraudulent instrument shall mean any paper, document, or other form in writing that is intentionally used as subterfuge or device to induce the making of a loan or the extension of credit as a part of a transaction whereby either the title to real property is transferred or valuable improvements are placed on real property in this state, whether for the benefit of the inducer or another.Source  Laws 1969, c. 610, § 1, p. 2476.
NE Code § 76-2,107 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,107 - Dual contracts; substituting one instrument for another; fraudulent instrument; unlawful.

76-2,107.  Dual contracts; substituting one instrument for another; fraudulent instrument; unlawful.No person, firm, or corporation, or any agent or employee of any such firm or corporation shall, with intent to defraud (1) make or issue a dual contract for the purchase of real property, (2) substitute one instrument in writing for another and by such means cause the making of a loan or the extension of credit, with respect to transactions whereby either the title to real property is transferred or valuable improvements are placed on real property in this state, whether for the benefit of the inducer or another, or (3) induce by any fraudulent instrument in writing the making of a loan or the extension of credit as a part of a transaction whereby either the title to real property is transferred or valuable improvements are placed on real property in this state, whether for the benefit of the inducer or another.Source  Laws 1969, c. 610, § 2, p. 2477.
NE Code § 76-2,108 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,108 - Violations; penalty.

76-2,108.  Violations; penalty.Any person violating the provisions of section 76-2,107 shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for not less than five days nor more than thirty days, or by both such a fine and imprisonment.Source  Laws 1969, c. 610, § 3, p. 2477.
NE Code § 76-2,109 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,109 - Joint tenancy; no severance of real estate; exception.

76-2,109.  Joint tenancy; no severance of real estate; exception.There shall be no severance of an existing joint tenancy in real estate when all joint tenants execute any instrument with respect to the property held in joint tenancy, unless the intention to effect a severance expressly appears in the instrument.Source  Laws 1979, LB 73, § 1.
NE Code § 76-2,110 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,110 - Instruments to subdivide real estate; defective; validation; procedure.

76-2,110.  Instruments to subdivide real estate; defective; validation; procedure.(1) After January 1, 1995, no action shall be maintained to set aside, cancel, annul, or declare void or invalid any conveyance, in any manner purporting to subdivide real estate, which has been recorded in the office of the register of deeds of the county in which the real estate is situated for more than five years prior to the commencement of the action on the ground that the conveyance or the recording of the conveyance has failed to comply with any requirement relating to subdivision approval. Unless the conveyance is modified or set aside by an action or proceeding commenced by January 1, 1995, or five years after the date of recording of the conveyance, whichever is later, it shall be conclusively presumed that the conveyance is fully valid notwithstanding any failure to comply with any requirement relating to subdivision approval.(2) If any conveyance, in any manner purporting to subdivide real estate, has been or is hereafter recorded in the office of register of deeds of the county in which the real estate is situated and the conveyance or the recording of the conveyance has failed to comply with any requirement relating to subdivision approval and if the conveyance has not been otherwise validated under subsection (1) of this section, any party claiming an interest in such conveyance may file an affidavit with the register of deeds asserting that written notice of the defect in approval has been received by the governmental authority having subdivision approval jurisdiction over such real estate. Upon filing such affidavit, such governmental authority shall have one hundred twenty days from the receipt of such written notice to record an objection in the office of register of deeds in the county in which the real estate is situated, or such conveyance shall be fully valid. If an objection is filed, the conveyance shall not be validated. The objection shall be in the form of a resolution adopted after public hearing. The governmental authority may waive, prospectively waive, or retroactively waive such notice or such one-hundred-twenty-day period, as to a single subdivision or any category of subdivisions.(3) Notwithstanding the validity of any such conveyance under this section, the subdivider shall not thus be relieved of any penalty lawfully imposed by such governmental authority for the failure to otherwise comply with any requirement relating to subdivision approval. Any conveyance of real estate for the public use shall be valid only upon express approval of such governmental authority. Other than for purposes of validating a conveyance, this section shall not excuse compliance with applicable zoning or subdivision ordinances of the governmental authority having subdivision approval jurisdiction over such real estate.Source   Laws 1980, LB 235, § 1;   Laws 1994, LB 188, § 1.
NE Code § 76-2,111 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,111 - Terms, defined.

76-2,111.  Terms, defined.As used in the Conservation and Preservation Easements Act, unless the context otherwise requires:(1) Conservation easement shall mean a right, whether or not stated in the form of an easement, restriction, covenant, or condition in any deed, will, agreement, or other instrument executed by or on behalf of the owner of an interest in real property imposing a limitation upon the rights of the owner or an affirmative obligation upon the owner appropriate to the purpose of retaining or protecting the property in its natural, scenic, or open condition, assuring its availability for agricultural, horticultural, forest, recreational, wildlife habitat, or open space use, protecting air quality, water quality, or other natural resources, or for such other conservation purpose as may qualify as a charitable contribution under the Internal Revenue Code;(2) Preservation easement shall mean a right, whether stated in the form of an easement, restriction, covenant, or condition in any deed, will, agreement, or other instrument executed by or on behalf of the owner of an interest in real property imposing a limitation upon the rights of the owner or an affirmative obligation upon the owner appropriate to the purpose of preserving the historical, architectural, archaeological, or cultural aspects of real property, or for such other historic preservation purpose as may qualify as a charitable contribution under the Internal Revenue Code; and(3) Holder shall mean anyone acquiring a conservation or preservation easement by purchase, exchange, gift, or devise and having the right to enforce it by its terms, which may be:(a) Any governmental body empowered to hold an interest in real property in this state under the laws of this state or the United States having among its purposes the subject matter of the easement;(b) In the case of a conservation easement, any charitable corporation or trust whose purposes include retaining or protecting the natural, scenic, or open condition of real property, assuring its availability for agricultural, horticultural, forest, recreational, wildlife habitat, or open space use or protecting air quality, water quality, or other natural resources; or(c) In the case of a preservation easement, any charitable corporation or trust whose purposes include the preservation of the historical, architectural, archaeological, or cultural aspects of real property.Source   Laws 1981, LB 173, § 1;   Laws 1995, LB 574, § 61.