reglab/housing_qa huggingface dataset:
NE Code § 76-275 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-275 - Merger of lien with fee; subsequent conveyance; presumption; action to enforce lien, when barred.

76-275.  Merger of lien with fee; subsequent conveyance; presumption; action to enforce lien, when barred.After one year from April 13, 1935, in all cases where before such date an interest in the fee title to any real estate in this state and an interest in a mortgage or other lien affecting the same interest have become vested in the same person and such person subsequently conveyed such fee title by deed, unless a contrary intent is expressed by the terms of such deed, it shall be presumed in favor of subsequent purchasers for value and without notice that such lien interest was merged with the fee and conveyed by such deed and that such lien was thereby released from the fee interest so conveyed. After April 13, 1936, no action shall be brought whereby to enforce such lien against subsequent purchasers and encumbrancers for value unless the claimant of such lien shall before that date file with the register of deeds of the county where the land is located an affidavit reciting the book and page or computer system reference where the deed of conveyance is recorded and that the claimant did not intend to merge or convey such lien interest by such deed.Source   Laws 1935, c. 150, § 2, p. 555;   C.S.Supp.,1941, § 76-274;   R.S.1943, § 76-275;   Laws 1984, LB 679, § 16.
NE Code § 76-275.01 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-275.01 - Conveyance by married persons to themselves prior to August 24, 1941, as joint tenants; validity.

76-275.01.  Conveyance by married persons to themselves prior to August 24, 1941, as joint tenants; validity.Unless action is brought before September 7, 1948, to set aside the deed upon that ground, all deeds of conveyance executed by any person to himself or herself and the spouse of such person or by married persons direct to themselves as joint tenants with right of survivorship, which deeds were executed and recorded prior to August 24, 1941, be and the same hereby are legalized and validated as though a married person had the power, prior to August 24, 1941, to convey property directly to his or her spouse in the same manner and to the same extent as if he or she were unmarried.Source  Laws 1947, c. 248, § 1, p. 772. Cross References  For authority of married persons to convey to themselves as joint tenants subsequent to August 24, 1941, see section 76-118.
NE Code § 76-275.02 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-275.02 - Conveyance by married persons to themselves prior to August 24, 1941, as joint tenants; limitation of action.

76-275.02.  Conveyance by married persons to themselves prior to August 24, 1941, as joint tenants; limitation of action.After September 7, 1948, no action may be maintained to set aside any deed of conveyance mentioned in section 76-275.01, which deed was executed and recorded prior to August 24, 1941, upon the ground that the grantor or grantors therein did not have the legal power and right to make a conveyance direct to such grantee and spouse or themselves in such manner.Source  Laws 1947, c. 248, § 2, p. 772.
NE Code § 76-275.03 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-275.03 - Vacation of street or alley for more than ten years; effect of conveyance of adjoining platted lots.

76-275.03.  Vacation of street or alley for more than ten years; effect of conveyance of adjoining platted lots.After one year from May 18, 1957, when (1) all or part of an adjoining street, avenue, or alley has been duly vacated under the applicable laws that all or a portion of such vacated street, avenue, or alley reverted to the owner of the adjoining platted lot, (2) a deed or deeds executed subsequent to such vacation and covering such platted lot have been of record more than ten years, and (3) there has been filed of record no instrument purporting to establish a contrary intent, the deed or deeds to the platted lot, without describing the vacated street, avenue, or alley, shall be irrevocably deemed to constitute a conveyance of the platted lot together with the reverted portion of such vacated street, avenue, or alley.Source   Laws 1957, c. 317, § 1, p. 1135;   Laws 1963, c. 431, § 1, p. 1447.  Cross References  For other provisions for reverter to owner, see sections 14-115, 15-701, 16-611, 17-558, and 39-1725.
NE Code § 76-275.04 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-275.04 - Recitals; intent.

76-275.04.  Recitals; intent.When any instrument affecting title to real property is required by law to be recorded in any public record in order to be valid or effective or perfected either against all persons or against any person or persons or class of persons, and when any notice or statement concerning any instrument affecting title to real property is required by law so to be recorded in order for such instrument to be so valid or effective or perfected, no reference or recital as to such instrument contained in any other recorded instrument shall be notice of it to any person not an immediate party to the instrument making the reference, or put any such person upon inquiry concerning it, unless (1) the instrument referred to, or the notice or statement thereof in the form so required by law, has been recorded as so required prior to the recording of the reference or recital, and either the reference or recital specifies the public records and place therein where the instrument, notice or statement is to be found, or the instrument, notice or statement is in the chain of record title to the real property affected within a period of twenty years prior to the recording of the reference or recital, or (2) if the reference or recital has been made before September 28, 1959, unless the instrument, statement or notice is recorded as required by law not later than one year thereafter.Source  Laws 1959, c. 348, § 1, p. 1234.
NE Code § 76-275.05 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-275.05 - Recitals; validity; requirements.

76-275.05.  Recitals; validity; requirements.When any reference or recital is made in any recorded instrument as to any restriction, agreement, easement, mortgage or other encumbrance of any kind affecting real property, customarily created by recorded instrument or instrument of which a notice or statement provided by statute is recorded, or as to any such encumbrance in general terms, and the reference or recital does not specify the public records and place therein where the instrument creating the encumbrance or such notice or statement of it is to be found, the reference or recital shall unless a contrary intent clearly appears be construed to refer only to encumbrances, if any, of the kind therein described created by instruments included, or of which such a notice or statement is included, in the chain of record title to the real property affected within a period of twenty years prior to the recording of the reference or recital, and the fact that there are none within the period shall not be construed to indicate a contrary intent.Source  Laws 1959, c. 348, § 2, p. 1234.
NE Code § 76-275.06 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-275.06 - Plat of city or village lots; validity.

76-275.06.  Plat of city or village lots; validity.When any plat of city or village lots in this state has been filed of record on or before January 1, 1937, and has not been vacated, it shall be conclusively presumed that the person filing such plat was, on the date of filing thereof, the owner, in fee simple, of the real estate described therein, free and clear of any liens or encumbrances of any kind unless action on any claimed lien or encumbrance is brought within one year from September 28, 1959. Whenever, after September 28, 1959, any plat of city or village lots in this state has been filed of record, accompanied by an affidavit of the person so filing setting forth the liens or encumbrances, if any, against such real estate, it shall be conclusively presumed that such person was the owner thereof, in fee simple, subject only to the liens or encumbrances disclosed by such affidavit unless, within twenty-three years after the filing thereof, an action is brought on any other claimed lien or encumbrance.Source  Laws 1959, c. 349, § 1, p. 1236.
NE Code § 76-275.07 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-275.07 - Cotenancy; when presumed.

76-275.07.  Cotenancy; when presumed.When any conveyance of a present interest in real estate is made to more than one person and the grantees are named in the disjunctive, the conveyance shall be conclusively presumed to create a cotenancy in all the named grantees.Source  Laws 1981, LB 96, § 1.
NE Code § 76-277 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-277 - Conveyances; claims and improvements upon public lands; law applicable.

76-277.  Conveyances; claims and improvements upon public lands; law applicable.Sections 76-201 to 76-281 and 76-2,126 apply to the conveyance of all claims and improvements upon the public lands.Source   R.S.1866, c. 43, § 35, p. 287;   R.S.1913, § 6231;   C.S.1922, § 5630;   C.S.1929, § 76-236;   R.S.1943, § 76-277;  Laws 2012, LB536, § 34. Cross References  For other provisions for conveyance of public lands and buildings, see Chapter 72.
NE Code § 76-278 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-278 - United States patents and certificates; where recorded.

76-278.  United States patents and certificates; where recorded.All certificates of the register and receiver of any United States Land Office of the entry or purchase of any tract of land, and all letters patent of land from the United States lying in this state, shall be recorded in the county in which the land lies, and where any patent as above, contains descriptions of land lying in more than one county, or otherwise, it shall be lawful to record in any county the whole of the descriptions of land situated therein without recording all descriptions contained in the patent. All maps and profiles required by the government of the United States to be filed by any railroad company in any general or district land office of the United States, for the completion of the title of such company to any right-of-way granted by the United States, shall be entitled to record in the office of the register of deeds or county clerk, as the case may be, in the same manner as plats of cities and villages, and the same effect shall be given thereto as to such plats when thus filed; Provided, such record shall include all the granting or conveying part or language of such patent, and the records of such certificates and patents, and all copies thereof so recorded, duly certified by the register of deeds, shall be prima facie evidence of the existence of such certificates and patents, and conclusive evidence of the existence of such record.Source   R.S.1866, c. 43, § 45, p. 290;   Laws 1883, c. 63, § 1, p. 264;   Laws 1887, c. 30, § 25, p. 372;   Laws 1911, c. 97, § 1, p. 362;   R.S.1913, § 6246;   C.S.1922, § 5645;   C.S.1929, § 76-251;   R.S.1943, § 76-278.
NE Code § 76-279 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-279 - Public lands; improvements; conveyances; effect.

76-279.  Public lands; improvements; conveyances; effect.All deeds of quitclaim or other conveyance of all improvements upon public lands shall be as binding and effectual in law and equity between the parties, for conveying of the title of the grantor in and to the same, as in cases where the grantor has the fee simple to the premises.Source   R.S.1866, c. 24, § 2, p. 187;   R.S.1913, § 6247;   C.S.1922, § 5646;   C.S.1929, § 76-252;   R.S.1943, § 76-279. Annotations  Sale of inchoate homestead and improvements is valid consideration for promissory note. Paxton Cattle Co. v. First National Bank of Arapahoe, 21 Neb. 621, 33 N.W. 271 (1887). Note given for purchase price of improvements is valid. Brooks v. Hiatt, 13 Neb. 503, 14 N.W. 480 (1882); McWilliams v. Bridges, 7 Neb. 419 (1878). On failure to convey preemption claim as agreed, consideration is recoverable. Bateman v. Robinson, 12 Neb. 508, 11 N.W. 736 (1882). Party may recover for breaking land, irrespective of illegality of contract for conveyance of after-acquired homestead. Simmons v. Yurann, 11 Neb. 516, 9 N.W. 690 (1881). A contract to convey land, the title to which one of the parties is trying to acquire under homestead law, is against public policy and void. Anderson v. Carkins, 135 U.S. 483 (1890), reversing Carkins v. Anderson, 21 Neb. 364, 32 N.W. 155 (1887).
NE Code § 76-280 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-280 - Public lands; improvements; contracts to sell authorized.

76-280.  Public lands; improvements; contracts to sell authorized.All contracts, promises, assumpsits or undertakings, either written or verbal, which shall be made in good faith and without fraud, collusion or circumvention, for sale, purchase or payment of improvements made on the lands owned by the government of the United States shall be deemed valid in law or equity, and may be sued for and recovered as in other contracts.Source   R.S.1866, c. 24, § 1, p. 186;   R.S.1913, § 6248;   C.S.1922, § 5647;   C.S.1929, § 76-253;   R.S.1943, § 76-280.
NE Code § 76-281 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-281 - Patent issued to deceased person; effect.

76-281.  Patent issued to deceased person; effect.Where patents for public lands have been or may be issued, in pursuance of any law of the State of Nebraska, to a person who has died, the title to the land designated therein shall inure to and become vested in the heirs, devisees or assignees of such deceased patentee as if the patent had issued to the deceased person during life.Source   Laws 1905, c. 64, § 1, p. 321;   R.S.1913, § 6249;   C.S.1922, § 5648;   C.S.1929, § 76-254;   R.S.1943, § 76-281.
NE Code § 76-282 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-282 - Public lands; entry by purchaser at sale by county court; rights under patent issued to original claimant.

76-282.  Public lands; entry by purchaser at sale by county court; rights under patent issued to original claimant.Whenever any person referred to in the third section of the Act of Congress entitled "An act to provide for the location of certain confirmed land claims in the State of Missouri, and for other purposes," approved June 21, 1828 (11 Statutes at Large, 294 and 295), has had a private land claim which has not been located and satisfied, has died before making the entry therein authorized of public land, and his right so to do has been sold by order of the county court of the county and state of his residence, and the entry of public lands in this state has been made by the purchaser or his grantee, and letters patent of the United States have issued to the original claimant or his legal representatives, it shall be competent for the purchaser or his grantee to cause to be recorded in the book of deeds in the office of the county clerk of the county in which the land is situated, a copy of the proceedings of the county court upon which the right of the original claimant was sold as aforesaid, together with the proceedings of the several officers on such sale. Such copy shall be duly certified by said court, and the record so made in the county clerk's office shall be taken and held by all courts of this state as evidence of the transfer of the right to make such entry in the land office, and of the title of the purchaser and his grantees to the lands patented as aforesaid. A copy of the record in the county clerk's office, certified by that officer, may be read in evidence with the like force and effect as the original papers.Source   Laws 1885, c. 66, § 1, p. 298;   R.S.1913, § 6281;   C.S.1922, § 5800;   C.S.1929, § 76-801;   R.S.1943, § 76-282. Annotations One cannot invoke section unless he has complied with provisions thereof. Comstock v. Kerwin, 57 Neb. 1, 77 N.W. 387 (1898).
NE Code § 76-283 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-283 - Town lots; equitable owners; failure to demand deed within three years; effect.

76-283.  Town lots; equitable owners; failure to demand deed within three years; effect.All persons who shall be or may become the owners of any equities of title in and to any town lot or lots or land within any incorporated town or city in this state, by virtue of which they shall be entitled to demand and receive from the corporate authorities a title in fee simple to the same, shall present their claims and make demand for the deed within three years after such entry by the town or city as a townsite; Provided, if any person shall neglect to comply with the terms of this section as aforesaid, the title in and to such realty shall vest in the corporation as fully, and to all intents and purposes, as though conveyed to such town or city by deed of general warranty.Source   Laws 1867, § 1, p. 94;   R.S.1913, § 6282;   C.S.1922, § 5801;   C.S.1929, § 76-802;   R.S.1943, § 76-283.
NE Code § 76-284 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-284 - Town lots; section, how construed.

76-284.  Town lots; section, how construed.Section 76-283 shall be construed to apply to rights acquired previous to the entry of the land; and in no case to the rights of parties acquired under or by virtue of any tax sale.Source   Laws 1867, § 2, p. 94;   R.S.1913, § 6283;   C.S.1922, § 5802;   C.S.1929, § 76-803;   R.S.1943, § 76-284.
NE Code § 76-285 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-285 - Public lands; occupation as townsite; entry, when authorized.

76-285.  Public lands; occupation as townsite; entry, when authorized.In all cases in which any of the public land of the United States has been or shall be selected and occupied as a townsite, if the inhabitants of such townsite shall be at the time incorporated, it shall be the duty of the corporate authorities of such city or village, or if not incorporated, then of the county judge of the county in which such townsite is situated, whenever called on by any of the occupants of such town, and the money for the entry of such townsite has been furnished, to enter such townsite under the Act of Congress in such case made and provided.Source   Laws 1907, c. 155, § 1, p. 486;   R.S.1913, § 6284;   C.S.1922, § 5803;   C.S.1929, § 76-804;   R.S.1943, § 76-285.
NE Code § 76-286 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-286 - Public lands; entry as townsite; deeds; to whom made.

76-286.  Public lands; entry as townsite; deeds; to whom made.When a townsite is entered under the Act of Congress mentioned in section 76-285, deeds shall be made by the proper corporate officers or by the county judge and their successors in office to the inhabitants of such townsite, according to their respective rights or to the purchasers of lots.Source   Laws 1907, c. 155, § 2, p. 487;   R.S.1913, § 6285;   C.S.1922, § 5804;   C.S.1929, § 76-805;   R.S.1943, § 76-286.
NE Code § 76-287 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-287 - Public lands; occupation as townsite; deeds validated.

76-287.  Public lands; occupation as townsite; deeds validated.All deeds made prior to July 5, 1907, for such townsite, lots or lands therein situated, made by corporate officers or county judges, are declared to be valid.Source   Laws 1907, c. 155, § 3, p. 487;   R.S.1913, § 6286;   C.S.1922, § 5805;   C.S.1929, § 76-806;   R.S.1943, § 76-287.
NE Code § 76-288 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-288 - Marketable record title; unbroken chain of title of record twenty-two years or longer; exceptions.

76-288.  Marketable record title; unbroken chain of title of record twenty-two years or longer; exceptions.Any person having the legal capacity to own real estate in this state, who has an unbroken chain of title to any interest in real estate by such person and his or her immediate or remote grantors under a deed of conveyance which has been recorded for a period of twenty-two years or longer, and is in possession of such real estate, shall be deemed to have a marketable record title to such interest, subject only to such claims thereto and defects of title as are not extinguished or barred by the application of the Uniform Environmental Covenants Act and sections 25-207, 25-213, 40-104, and 76-288 to 76-298, instruments which have been recorded less than twenty-two years, and any encumbrances of record not barred by the statute of limitations.Source   Laws 1947, c. 243, § 1, p. 762;  Laws 2005, LB 298, § 15.  Cross References  Uniform Environmental Covenants Act, see section 76-2601.Annotations Only those persons who possess a title which complies with Marketable Title Act are qualified to invoke its aid. Smith v. Berberich, 168 Neb. 142, 95 N.W.2d 325 (1959).
NE Code § 76-289 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-289 - Unbroken chain of title; title transaction, defined.

76-289.  Unbroken chain of title; title transaction, defined.A person shall be deemed to have the unbroken chain of title to an interest in real estate as such terms are used in sections 25-207, 25-213, 40-104, and 76-288 to 76-298 when the official public records of the county wherein such land is situated disclose a conveyance or other title transaction dated and recorded twenty-two years or more prior thereto, which conveyance or other title transaction purports to create such interest in such person or his immediate or remote grantors, with nothing appearing of record purporting to divest such person and his immediate or remote grantors of such purported interest.Title transaction as used in sections 25-207, 25-213, 40-104, and 76-288 to 76-298, means any transaction affecting title to real estate, including title by will or descent from any person who held title of record at the date of his death, title by a decree or order of any court, title by tax deed or by trustee's, referee's, guardian's, executor's, master's in chancery, or sheriff's deed, as well as by direct conveyance.Source  Laws 1947, c. 243, § 2, p. 763. Annotations Grantee under ordinary quitclaim deed is not entitled to invoke protection of Marketable Title Act. Smith v. Berberich, 168 Neb. 142, 95 N.W.2d 325 (1959).
NE Code § 76-290 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-290 - Marketable record title; claim; limitation.

76-290.  Marketable record title; claim; limitation.Such marketable title shall be held by such person and shall be taken by his successors in interest free and clear of all interest, claims, and charges whatever, the existence of which depends in whole or in part upon any act, transaction, event, or omission that occurred twenty-two years or more prior thereto, whether such claim or charge be evidenced by a recorded instrument or otherwise, and all such interests, claims, and charges affecting such interest in real estate shall be barred and not enforceable at law or equity, unless any person making such claim or asserting such interest or charge shall, on or before twenty-three years from the date of recording of deed of conveyance under which title is claimed, or within one year from April 8, 1947, whichever event is the latest in point of time, file for record a notice in writing, duly verified by oath, setting forth the nature of his claim, interest or charge; and no disability nor lack of knowledge of any kind on the part of anyone shall operate to extend the time for filing such claims after the expiration of twenty-three years from the recording of such deed of conveyance or one year after April 8, 1947, whichever event is the latest in point of time.Source  Laws 1947, c. 243, § 3, p. 763.