reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2,112 - Easement; creation; approval by governing body; when required.

76-2,112.
Easement; creation; approval by governing body; when required.
(1) A conservation or preservation easement shall be an interest in real property, created by an instrument in which the purpose for the easement is clearly stated. The instrument shall be filed, duly recorded, and indexed in the office of the register of deeds of the county in which the real property subject to the conservation or preservation easement is located.
(2) No conveyance of a conservation or preservation easement shall be effective until accepted by the holder.
(3) In order to minimize conflicts with land-use planning, each conservation or preservation easement shall be approved by the appropriate governing body. Such approving body shall first refer the proposed acquisition to and receive comments from the local planning commission with jurisdiction over such property, which shall within sixty days of the referral provide such comments regarding the conformity of the proposed acquisition to comprehensive planning for the area. If such comments are not received within sixty days, the proposed acquisition shall be deemed approved by the local planning commission. If the property is located partially or entirely within the boundaries or zoning jurisdiction of a city or village, approval of the governing body of such city or village shall be required. If such property is located entirely outside the boundaries and zoning jurisdiction of any city or village, approval of the county board shall be required. If the property is located in the Niobrara scenic river corridor as defined in section 72-2006 and is not incorporated within the boundaries of a city or village, the Niobrara Council approval rather than city, village, or county approval shall be required. Approval of a proposed acquisition may be denied upon a finding by the appropriate governing body that the acquisition is not in the public interest when the easement is inconsistent with (a) a comprehensive plan for the area which had been officially adopted and was in force at the time of the conveyance, (b) any national, state, regional, or local program furthering conservation or preservation, or (c) any known proposal by a governmental body for use of the land.
(4) Notwithstanding the provisions of subsection (3) of this section, the state, or any state agency or political subdivision other than a city, village, or county, may accept an easement after first referring the proposed acquisition to and receiving comments from the local planning commission with jurisdiction over the property, which shall within sixty days of the referral provide such comments regarding the conformity of the proposed acquisition to comprehensive planning for the area. If such comments are not received within sixty days, the proposed acquisition shall be deemed approved by the local planning commission.
Source
Laws 1981, LB 173, § 2;
Laws 2000, LB 1234, § 12.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2,113 - Easement; release or transfer.

76-2,113.
Easement; release or transfer.
(1) A conservation or preservation easement may be released by the holder of the easement to the owner of the servient estate, except that such release shall be approved by the governing body which approved the easement, or if the holder is the state, a state agency, or political subdivision other than a city, village, or county, the release shall be approved by the state or such state agency or political subdivision. The release of an easement may be approved upon a finding by such body that the easement no longer substantially achieves the conservation or preservation purpose for which it was created.
(2) A conservation or preservation easement may be assigned or transferred to any governmental body or charitable corporation or trust authorized to secure such easement pursuant to sections 76-2,111 to 76-2,118.
Source
Laws 1981, LB 173, § 3.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2,114 - Easement; judicial modification or termination.

76-2,114.
Easement; judicial modification or termination.
Unless a conservation or preservation easement is otherwise modified or terminated according to the terms of the easement or the provisions of sections 76-2,111 to 76-2,118, the owner of the subject real property or the holder of the easement may petition the district court in which the greater part of the servient estate is located for modification or termination of the easement. The court may modify or terminate the easement pursuant to this section only if the petitioner establishes that it is no longer in the public interest to hold the easement or that the easement no longer substantially achieves the conservation or preservation purpose for which it was created. No comparative economic test shall be used to determine whether the public interest or the conservation or preservation purpose of the easement is still being served. No modification shall be permitted which is in excess of that reasonably necessary to remedy the deficiency of the easement.
Source
Laws 1981, LB 173, § 4.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2,115 - Easement; enforceability; duration.

76-2,115.
Easement; enforceability; duration.
No duly recorded conservation or preservation easement shall be unenforceable for lack of privity of estate or of contract, for lack of benefit to a dominant estate, or on account of the easement being assignable. A conservation or preservation easement shall run with the land and shall be perpetual unless otherwise stated in the instrument creating it. A conservation or preservation easement may be enforced by proceedings at law or in equity.
Source
Laws 1981, LB 173, § 5.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2,116 - Property subject to easement; how assessed.

76-2,116.
Property subject to easement; how assessed.
Real property subject to a conservation or preservation easement shall be assessed with due regard to the restricted uses to which the property may be devoted. The conservation or preservation easement in the hands of the holder shall be subject to assessment, taxation, or exemption from taxation in accordance with general laws applicable to assessment and taxation of interests in real property.
Source
Laws 1981, LB 173, § 6.