reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-101 - Terms, defined.

76-101.
Terms, defined.
As used in sections 76-101 to 76-123 and unless a different meaning appears from the context: (a) The term property means one or more interests either legal or equitable, possessory or nonpossessory, present or future, in land, or in things other than land, including choses in action, but excluding powers of appointment, powers of sale and powers of revocation, except when specifically mentioned; (b) the term future interest is applicable equally to property interests in land and in things other than land, and is limited to all varieties of remainders, reversions, executory interests, powers of termination (otherwise known as rights of entry for condition broken), and possibilities of reverter; (c) the term conveyance means an act by which it is intended to create one or more property interests, irrespective of whether the act is effective to create such interests, and irrespective of whether the act is intended to have inter vivos or testamentary operation; (d) the term otherwise effective conveyance means that the conveyance in question satisfies all the requirements of law other than the particular matter dealt with in the section of sections 76-101 to 76-123 in which the term is used; and (e) an intent is effectively manifested when it is manifested by the evidence of intent admissible according to the applicable rules of law with respect to the admissibility of evidence.
Source
Laws 1941, c. 153, § 2, p. 595;
C.S.Supp.,1941, § 76-1001;
R.S.1943, § 76-101.
Annotations
Vendee under a land contract on real estate, holding a vested interest thereby, may generally assign such equitable interest to a third party assignee. Beren Corp. v. Spader, 198 Neb. 677, 255 N.W.2d 247 (1977).
The provisions of the Uniform Property Act supersede conflicting provisions of the law of property existing prior to the effective date of the act. Cast v. National Bank of Commerce T. & S. Assn., 186 Neb. 385, 183 N.W.2d 485 (1971).
Joint tenancy in personal property could be created. Crowell v. Milligan, 157 Neb. 127, 59 N.W.2d 346 (1953).
In absence of Nebraska decision construing Uniform Property Act, federal district court was required to exercise independent judgment in construing it. United States v. 12,800 Acres of Land in Hall County, 69 F.Supp. 767 (D. Neb. 1947).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-102 - Sections; applicability to corporations.

76-102.
Sections; applicability to corporations.
The provisions of sections 76-101 to 76-123 apply to corporations unless the context indicates a more limited applicability.
Source
Laws 1941, c. 153, § 2, p. 595;
C.S.Supp.,1941, § 76-1002;
R.S.1943, § 76-102.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-103 - Sections; property to which applicable.

76-103.
Sections; property to which applicable.
Any possessory or future interest, power of appointment or of revocation, which can be created in this state with regard to land, can also be created with regard to anything other than land, including choses in action.
Source
Laws 1941, c. 153, § 3, p. 595;
C.S.Supp.,1941, § 76-1003;
R.S.1943, § 76-103.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-104 - Interest transferred by effective conveyance; fee simple; special words unnecessary.

76-104.
Interest transferred by effective conveyance; fee simple; special words unnecessary.
An otherwise effective conveyance of property transfers the entire interest which the conveyor has and has the power to convey, unless an intent to transfer a less interest is effectively manifested. No words of inheritance or other special words are necessary to transfer a fee simple.
Source
Laws 1941, c. 153, § 4, p. 595;
C.S.Supp.,1941, § 76-1004;
R.S.1943, § 76-104.
Annotations
The omission of words of inheritance is of no consequence when determining if a document conveys an easement appurtenant by reason of this section. Spilker v. First Nat. Bank & Trust Co., 211 Neb. 540, 319 N.W.2d 429 (1982).
Purpose clause, of and by itself, does not operate to limit the estate granted by a deed. Sun Oil Co. v. Emery, 183 Neb. 793, 164 N.W.2d 644 (1971).
Conveyance by deed to city for use and benefit of citizens of the city operated to convey fee simple title. City of Gering v. Jones, 175 Neb. 626, 122 N.W.2d 503 (1963).
Deed to State of Nebraska for highway purposes conveyed all interest of grantors. Rumbel v. Ress, 166 Neb. 839, 91 N.W.2d 36 (1958).
Act was enacted to modify and eliminate common law technicalities and exactions. Gettel v. Hester, 165 Neb. 573, 86 N.W.2d 613 (1957).
Deed executed by mortgagee in possession passed all interest of grantor in mortgage indebtedness. Campbell v. Ohio National Life Ins. Co., 161 Neb. 653, 74 N.W.2d 546 (1956).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-105 - Powers of appointment, sale, and revocation; effect.

76-105.
Powers of appointment, sale, and revocation; effect.
An otherwise effective exercise of power of appointment, a power of sale or a power of revocation, whether inter vivos or by a testamentary disposition, transfers or revokes the entire interest which the holder thereof has the power to transfer or to revoke unless an intent to transfer or to revoke a less interest is effectively manifested.
Source
Laws 1941, c. 153, § 5, p. 595;
C.S.Supp.,1941, § 76-1005;
R.S.1943, § 76-105.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-106 - Reservation of property; effect.

76-106.
Reservation of property; effect.
An otherwise effective reservation of property by the conveyor reserves the interest the conveyor had prior to the conveyance unless an intent to reserve a different interest is effectively manifested.
Source
Laws 1941, c. 153, § 6, p. 595;
C.S.Supp.,1941, § 76-1006;
R.S.1943, § 76-106.
Annotations
This section eliminates common-law technicalities and exactions regarding the language used to make a reservation in a deed; whether a provision is a reservation does not depend upon the use of a particular word but upon the character and effect of the provision itself. Walters v. Sporer, 298 Neb. 536, 905 N.W.2d 70 (2017).
Assignment of a vendee's vested equitable interest in land, acquired by land contract, creates a privity of estate between the assignee and the original vendor, but not a privity of contract between them. Beren Corp. v. Spader, 198 Neb. 677, 255 N.W.2d 247 (1977).
Extent of reservation of mineral rights was obscure and ambiguous, and required construction of deed. Gettel v. Hester, 165 Neb. 573, 86 N.W.2d 613 (1957).
Interest in oil and gas rights was reserved. Elrod v. Heirs of Gifford, 156 Neb. 269, 55 N.W.2d 673 (1952).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-107 - Future interest; conveyance authorized; exceptions; limitations.

76-107.
Future interest; conveyance authorized; exceptions; limitations.
(1) The conveyance of an existing future interest, whether legal or equitable, is not ineffective on the sole ground that the interest so conveyed is future or contingent, except that possibilities of reverter or rights of reentry for breach of condition subsequent shall not be alienable or devisable.
(2) Neither possibilities of reverter nor rights of reentry for breach of condition subsequent relating to any property, whether created on, before, or after July 9, 1988, when 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 or right of reentry. If such possibility of reverter or right of reentry is created to endure for a longer period than thirty years, it shall be valid for thirty years. This subsection shall not apply to personal property which has been conveyed to a library or museum for the purpose of public display.
(3) Any cause of action arising from any possibility of reverter or right of reentry for breach of condition subsequent which existed prior to July 9, 1988, shall be commenced within a period of one year following July 9, 1988.
Source
Laws 1941, c. 153, § 7, p. 596;
C.S.Supp.,1941, § 76-1007;
R.S.1943, § 76-107;
Laws 1961, c. 367, § 1, p. 1139;
Laws 1988, LB 657, § 1.
Annotations
The plain language of this section shows that conditions subsequent expire either upon the attempted transfer of the possibilities of reverter or rights of reentry, or 30 years after the creation of the condition subsequent. State v. Union Pacific RR. Co., 241 Neb. 675, 490 N.W.2d 461 (1992).
Creation of contingent future interests is recognized. Ellingrod v. Trombla, 168 Neb. 264, 95 N.W.2d 635 (1959).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-108 - Future interest; subject to claims of creditors.

76-108.
Future interest; subject to claims of creditors.
The subjection to the claims of creditors of a future interest, whether legal or equitable, is not prevented or avoided on the sole ground that such interest is future or contingent.
Source
Laws 1941, c. 153, § 8, p. 596;
C.S.Supp.,1941, § 76-1008;
R.S.1943, § 76-108.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-109 - Property not in possession of conveyor; conveyance effective.

76-109.
Property not in possession of conveyor; conveyance effective.
Any act which would be effective as a conveyance inter vivos or as a mortgage or as a testamentary disposition of property when the land or thing other than land is in the possession of the conveyor, is effective as a conveyance of the conveyor's interest therein, when the land or thing other than land is out of the conveyor's possession whether adversely held or not.
Source
Laws 1941, c. 153, § 9, p. 596;
C.S.Supp.,1941, § 76-1009;
R.S.1943, § 76-109.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-110 - Fee simple conditional and fee tail; abolished; effect of use.

76-110.
Fee simple conditional and fee tail; abolished; effect of use.
The creation of fees simple conditional as they existed under the law of England prior to the statute de donis is not permitted. The creation of fees tail is not permitted. The use in an otherwise effective conveyance of property, of language appropriate to create such a fee simple conditional or a fee tail, creates a fee simple in the person who would have taken a fee simple conditional or a fee tail. Any future interest limited upon such an interest is a limitation upon the fee simple and its validity is determined accordingly. Nothing herein contained shall affect the operation of sections 76-111 to 76-113.
Source
Laws 1941, c. 153, § 10, p. 596;
C.S.Supp.,1941, § 76-1010;
R.S.1943, § 76-110.
Annotations
Where an estate in fee simple is devised, an attempt by the testator to prevent alienation by attaching conditions subsequent is ineffective and void for the reason that conditions are repugnant to the estate created. Cast v. National Bank of Commerce T. & S. Assn., 186 Neb. 385, 183 N.W.2d 485 (1971).
The operation of this section must be read and considered with other sections of the Uniform Property Act. Hauschild v. Hauschild, 176 Neb. 319, 126 N.W.2d 192 (1964).
Estates in fee simple conditional and fee tail are abolished. Ellingrod v. Trombla, 168 Neb. 264, 95 N.W.2d 635 (1959).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-111 - Definite failure of issue, defined.

76-111.
Definite failure of issue, defined.
Whenever property is limited upon the death of any person without heirs or heirs of the body or issue general or special, or descendants or offspring or children or any such relative described by other terms, such limitation, unless a different intent is effectively manifested, is a limitation to take effect only when such person dies not having such relative living at the time of his death or in gestation and born alive thereafter, and is not a limitation to take effect upon the indefinite failure of such relatives; nor, unless a different intent is effectively manifested, does it mean that death without such relative, in order to be material, must occur in the lifetime of the creator of the interest.
Source
Laws 1941, c. 153, § 11, p. 596;
C.S.Supp.,1941, § 76-1011;
R.S.1943, § 76-111.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-112 - Life interest with limitation by remainder to heirs; rule in Shelley's Case abolished.

76-112.
Life interest with limitation by remainder to heirs; rule in Shelley's Case abolished.
Whenever any person, by conveyance, takes a life interest and in the same conveyance an interest is limited by way of remainder, either immediately or mediately, to his heirs, or the heirs of his body, or his issue, or next of kin, or some of such heirs, heirs of the body, issue, or next of kin, the word heirs, heirs of the body, or next of kin, or other words of like import used in the conveyance, in the limitation therein by way of remainder, are not words of limitation carrying to such person an estate of inheritance or absolute estate in the property, but are words of purchase creating a remainder in the designated heirs, heirs of the body, issue, or next of kin.
Source
Laws 1941, c. 153, § 12, p. 596;
C.S.Supp.,1941, § 76-1012;
R.S.1943, § 76-112.
Annotations
Will under consideration created a life estate in child of testator, and remainder in lineal descendants by right of representation. Hauschild v. Hauschild, 176 Neb. 319, 126 N.W.2d 192 (1964).
Rule in Shelley's Case has application where testator's death occurred prior to effective date of the act of which this section was a part. Sandberg v. Heirs of Champlin, 152 Neb. 161, 40 N.W.2d 411 (1950).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-113 - Conveyance to a person and the person's children; rule in Wild's Case abolished.

76-113.
Conveyance to a person and the person's children; rule in Wild's Case abolished.
When an otherwise effective conveyance of property is made in favor of a person and his children, or in favor of a person and his issue, or by other words of similar import designating the person and the descendants of the person, whether the conveyance is immediate or postponed, the conveyance creates a life interest in the person designated and a remainder in his designated descendants, unless an intent to create other interests is effectively manifested.
Source
Laws 1941, c. 153, § 13, p. 597;
C.S.Supp.,1941, § 76-1013;
R.S.1943, § 76-113.
Annotations
A devise of an interest in real estate for the use of a child of the testator during his life and upon death of the child to his lineal descendants creates a life estate in the child and a remainder in his lineal descendants. Hauschild v. Hauschild, 176 Neb. 319, 126 N.W.2d 192 (1964).
A devise to a person and his descendants creates a life estate in such person and a contingent remainder in his descendants as a class. Ellingrod v. Trombla, 168 Neb. 264, 95 N.W.2d 635 (1959).
Will manifested an intention to create other interests. Dunlap v. Lynn, 166 Neb. 342, 89 N.W.2d 58 (1958).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-114 - Testamentary conveyance to the heirs or next of kin of the conveyor; doctrine of worthier title abolished.

76-114.
Testamentary conveyance to the heirs or next of kin of the conveyor; doctrine of worthier title abolished.
When any property is limited, mediately or immediately, in an otherwise effective testamentary conveyance, in form or in effect, to the heirs or next of kin of the conveyor, or to a person or persons who on the death of the conveyor are some or all of his heirs or next of kin, such conveyees acquire the property by purchase and not by descent.
Source
Laws 1941, c. 153, § 14, p. 597;
C.S.Supp.,1941, § 76-1014;
R.S.1943, § 76-114.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-115 - Inter vivos conveyance to the heirs or next of kin of the conveyor; effect.

76-115.
Inter vivos conveyance to the heirs or next of kin of the conveyor; effect.
When any property is limited, in an otherwise effective conveyance inter vivos, in form or in effect, to the heirs or next of kin of the conveyor, which conveyance creates one or more prior interests in favor of a person or persons in existence, such conveyance operates in favor of such heirs or next of kin by purchase and not by descent.
Source
Laws 1941, c. 153, § 15, p. 597;
C.S.Supp.,1941, § 76-1015;
R.S.1943, § 76-115.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-116 - Future interests; indestructibility of contingent interests.

76-116.
Future interests; indestructibility of contingent interests.
No future interest, whether legal or equitable, shall be destroyed by the mere termination, in any manner, of any or all preceding interests before the happening of the contingency to which the future interest is subject.
Source
Laws 1941, c. 153, § 16, p. 597;
C.S.Supp.,1941, § 76-1016;
R.S.1943, § 76-116.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-117 - Cross limitations; creation by implication.

76-117.
Cross limitations; creation by implication.
When an otherwise effective conveyance of property is made to two or more persons as tenants in common for life or for a term of years which is terminable at their deaths, with an express remainder, whether effective or not, (a) to the survivor of such persons, or (b) upon the death of all the life tenants to another person or persons, such conveyance, unless a different intent is effectively manifested, creates cross limitations among the several tenants in common, so that the share of the one first dying passes to his cotenants to be held by them in the same manner as their original shares, and the shares of the second and others dying, in succession, are similarly treated until the time when the property is limited to pass as a whole to the remainderman.
Source
Laws 1941, c. 153, § 17, p. 597;
C.S.Supp.,1941, § 76-1017;
R.S.1943, § 76-117.
Annotations
Where language in a will shows a different intention, this section is not applicable. Gaughen v. Gaughen, 172 Neb. 740, 112 N.W.2d 285 (1961).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-118 - Conveyances; identity of grantor and grantee; effect.

76-118.
Conveyances; identity of grantor and grantee; effect.
(1) Any person or persons owning property which he, she, or they have power to convey, may effectively convey such property by a conveyance naming himself, herself, or themselves and another person or persons, as grantees, and the conveyance has the same effect as to whether it creates a joint tenancy, or tenancy in common, or tenancy in partnership, as if it were a conveyance from a stranger who owned the property to the persons named as grantees in the conveyance. (2) Any two or more persons owning property which they have power to convey, may effectively convey such property by a conveyance naming one, or more than one, or all such persons, as grantees, and the conveyance has the same effect, as to whether it creates a separate ownership, or a joint tenancy, or tenancy in common, or tenancy in partnership, as if it were a conveyance from a stranger who owned the property, to the persons named as grantees in the conveyance. (3) Any person mentioned in this section may be a married person, and any persons so mentioned may be persons married to each other. (4) The conveyance of all of the interest of one joint tenant to himself or herself as grantee, in which the intention to effect a severance of the joint tenancy expressly appears in the instrument, severs the joint tenancy.
Source
Laws 1941, c. 153, § 18, p. 598;
C.S.Supp.,1941, § 76-1018;
R.S.1943, § 76-118;
Laws 1980, LB 694, § 11.
Annotations
A deed which purportedly conveyed all of the interest of one joint tenant, wherein he is both grantor and grantee, is not an act which will sever the joint tenancy. Krause v. Crossley, 202 Neb. 806, 277 N.W.2d 242 (1979).
Common law rule as to joint tenancies was modified by this section. White v. Ogier, 175 Neb. 883, 125 N.W.2d 68 (1963).
Joint tenancies have been approved by the Legislature. DeForge v. Patrick, 162 Neb. 568, 76 N.W.2d 733 (1956).
Owner of property can convey to himself and another and create joint tenancy. Crowell v. Milligan, 157 Neb. 127, 59 N.W.2d 346 (1953).
Prior to adoption of this section, four unities were requisite to creation of joint tenancy. Anson v. Murphy, 149 Neb. 716, 32 N.W.2d 271 (1948).
Under public policy announced by Uniform Property Act, conveyance direct by husband to wife as joint tenants with right of survivorship was effective. United States v. 12,800 Acres of Land in Hall County, 69 F.Supp. 767 (D. Neb. 1947).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-119 - Conveyances between husband and wife; effect.

76-119.
Conveyances between husband and wife; effect.
A married person has the power to convey effectively property directly to his or her spouse in the same manner and to the same extent as if he or she were unmarried. Property so conveyed shall be subject to the rights of the grantor as spouse of the grantee in the same manner and to the same extent as property otherwise acquired by the grantee.
Source
Laws 1941, c. 153, § 19, p. 598;
C.S.Supp.,1941, § 76-1019;
R.S.1943, § 76-119.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-120 - Waste; damages recoverable.

76-120.
Waste; damages recoverable.
When conduct claimed to constitute waste is made the basis of a claim for damages, the claimant is limited to a recovery of compensatory damages and is not entitled to multiple damages or to declare a forfeiture of the place wasted or of the interest of the defendant in the place wasted, except in accordance with covenants, agreements or conditions binding such defendants.
Source
Laws 1941, c. 153, § 20, p. 598;
C.S.Supp.,1941, § 76-1020;
R.S.1943, § 76-120.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-121 - Sections; interpretation.

76-121.
Sections; interpretation.
Sections 76-101 to 76-123 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Source
Laws 1941, c. 153, § 21, p. 598;
C.S.Supp.,1941, § 76-1021;
R.S.1943, § 76-121.
Annotations
Uniform act is to be construed so as to effectuate its general purpose. Ellingrod v. Trombla, 168 Neb. 264, 95 N.W.2d 635 (1959).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-122 - Sections; conveyances not affected.

76-122.
Sections; conveyances not affected.
Sections 76-101 to 76-123 shall not apply to acts which occurred or to conveyances which became effective before August 24, 1941, except as provided in subsections (2) and (3) of section 76-107.
Source
Laws 1941, c. 153, § 22, p. 599;
C.S.Supp.,1941, § 76-1022;
R.S.1943, § 76-122;
Laws 1988, LB 657, § 2.
Annotations
Savings clause does not operate to withdraw from courts the power to apply Uniform Property Act to transactions which occurred before act became effective. United States v. 12,800 Acres of Land in Hall County, 69 F.Supp. 767 (D. Neb. 1947).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-123 - Act, how cited.

76-123.
Act, how cited.
Sections 76-101 to 76-123 may be referred to as the Uniform Property Act.
Source
Laws 1941, c. 153, § 23, p. 599;
C.S.Supp.,1941, § 76-1023;
R.S.1943, § 76-123.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-201 - Real estate, defined.

76-201.
Real estate, defined.
For purposes of sections 76-201 to 76-281 and 76-2,126, the term real estate shall be construed as coextensive in meaning with lands, tenements, and hereditaments, and as embracing all chattels real, except leases for a term not exceeding one year.
Source
R.S.1866, c. 43, § 49, p. 290;
R.S.1913, § 6187;
C.S.1922, § 5586;
C.S.1929, § 76-101;
R.S.1943, § 76-201;
Laws 2012, LB536, § 26.
Annotations
School land leases are chattels real. Beltner v. Carlson, 153 Neb. 797, 46 N.W.2d 153 (1951).
Wife's homestead right in lands owned by husband occupied by family is real estate. Mead v. Polly, 119 Neb. 206, 228 N.W. 369 (1929).
Lease for ninety-nine years is a chattel real and therefore real estate. Lindburg v. Bennett, 117 Neb. 66, 219 N.W. 851 (1928).
Grain elevator erected on leasehold with privilege of removal is real estate so as to make amount of insurance in policy conclusive value thereof. Calnon v. Fidelity-Phenix Fire Ins. Co., 114 Neb. 194, 206 N.W. 765 (1925).
Term real estate includes lease for purpose of removing minerals. Fawn Lake Ranch Co. v. Cumbow, 102 Neb. 288, 167 N.W. 75 (1918).
A 99-year leasehold is not real estate, but is personal property and passes to residuary heirs. In re Estate of Smatlan, 1 Neb. App. 295, 501 N.W.2d 718 (1992).
An oil lease is a chattel real. Shoaff v. Gage, 163 F.Supp. 179 (D. Neb. 1958).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-202 - Purchaser, defined.

76-202.
Purchaser, defined.
The term purchaser, as used in sections 76-201 to 76-281 and 76-2,126, shall be construed to embrace every person to whom any real estate or interest therein shall be conveyed for valuable consideration and also any assignee of mortgage or lease or other conditional estate.
Source
R.S.1866, c. 43, § 50, p. 291;
R.S.1913, § 6188;
C.S.1922, § 5587;
C.S.1929, § 76-102;
R.S.1943, § 76-202;
Laws 2012, LB536, § 27.
Annotations
Holder of ninety-nine year lease was not purchaser of real estate from county, and lease by county board was valid. Lindburg v. Bennett, 117 Neb. 66, 219 N.W. 851 (1928).
Lease of school lands for purpose of removing minerals therefrom is void. Fawn Lake Ranch Co. v. Cumbow, 102 Neb. 288, 167 N.W. 75 (1918).
Second mortgagee is a purchaser. Dorr v. Meyer, 51 Neb. 94, 70 N.W. 543 (1897).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-203 - Deed, defined.

76-203.
Deed, defined.
The term deed, as used in sections 76-201 to 76-281 and 76-2,126, shall be construed to embrace every instrument in writing by which any real estate or interest therein is created, aliened, mortgaged, or assigned or by which the title to any real estate may be affected in law or equity, except last wills and leases for one year or for a less time.
Source
R.S.1866, c. 43, § 51, p. 291;
R.S.1913, § 6189;
C.S.1922, § 5588;
C.S.1929, § 76-103;
R.S.1943, § 76-203;
Laws 2012, LB536, § 28.
Annotations
A postnuptial agreement may operate as a legal conveyance of real estate in Nebraska. Jorgensen v. Crandell, 134 Neb. 33, 277 N.W. 785 (1938).
Assignment of real estate mortgage comes within above definition. Mulligan v. Snavely, 117 Neb. 765, 223 N.W. 8 (1929); Ames v. Miller, 65 Neb. 204, 91 N.W. 250 (1902).
Lease for a fixed and definite period is not a sale of real estate, and does not operate as deed. Lindburg v. Bennett, 117 Neb. 66, 219 N.W. 851 (1928).
Contract for sale of homestead was instrument which required acknowledgment. Solt v. Anderson, 71 Neb. 826, 99 N.W. 678 (1904).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-204 - Deed; instrument not included.

76-204.
Deed; instrument not included.
Section 76-203 shall not be construed to extend to a letter of attorney or other instrument containing a power to convey lands as agent or attorney for the owner of such lands; but every such letter or instrument, and every executory contract for the sale or purchase of lands, when proved or acknowledged in the manner prescribed by statute, may be recorded in the office of the register of deeds of any county in which the real estate to which such power or contract relates may be situated. Such an instrument, when so proved or acknowledged, and the record thereof, when recorded, or the transcript of such record, may be read in evidence, in the same manner and with the like effect as a conveyance recorded in such county.
Source
R.S.1866, c. 43, § 52, p. 291;
Laws 1887, c. 30, § 26, p. 372;
R.S.1913, § 6190;
C.S.1922, § 5589;
C.S.1929, § 76-104;
R.S.1943, § 76-204;
Laws 1973, LB 227, § 1.
Annotations
Power of attorney with reference to real estate will be construed with respect to natural import of the language. Watkins v. Hagerty, 104 Neb. 414, 177 N.W. 654 (1920).
A power of attorney is valid though not acknowledged, except to extent of conveying a homestead. Morris v. Linton, 61 Neb. 537, 85 N.W. 565 (1901).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-206 - Covenant for title; effective words.

76-206.
Covenant for title; effective words.
Unless such intention is expressly negatived by the language in the instrument, a covenant in a conveyance of real property that the grantor is seized, or lawfully seized, or words to like effect, shall be interpreted as a covenant that the grantor has good title to the very estate in quantity and quality which he purports to convey.
Source
Laws 1923, c. 111, § 1, p. 269;
C.S.1929, § 76-110;
R.S.1943, § 76-206.
Annotations
Grantor had good title to estate in quality and quantity. Gettel v. Hester, 165 Neb. 573, 86 N.W.2d 613 (1957).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-207 - Covenants; breach; constructive eviction; acts constituting.

76-207.
Covenants; breach; constructive eviction; acts constituting.
Covenants of quiet enjoyment and covenants of warranty in conveyances of real property may be breached by an eviction, actual or constructive, by reason of the hostile assertion of a paramount title holder. A constructive eviction occurs in the following situations: (1) Where the covenantee is kept out of possession by the paramount title holder; (2) where the covenantee surrenders possession to the paramount title holder; and (3) where the covenantee in order to retain possession is forced to and buys off the paramount title holder.
Source
Laws 1923, c. 111, § 2, p. 269;
C.S.1929, § 76-111;
R.S.1943, § 76-207.
Annotations
Covenants of quiet enjoyment and warranty were breached by the existence of a paramount right to possession which covenantee was forced to buy off. Grand Island Hotel Corp. v. Second Island Development Co., 191 Neb. 98, 214 N.W.2d 253 (1974).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-208 - Covenants for title; who may enforce.

76-208.
Covenants for title; who may enforce.
Unless such intention is expressly negatived by the language in the instrument, all covenants for title in conveyances of real property, including covenants of seisin, right to convey, freedom from encumbrances, quiet enjoyment, and warranty, when made with the grantee, run with the land and are enforceable by any assignee thereof, immediate or remote, by a suit in his own name;
Provided, however,
that the ultimate damage occasioned by a breach of the covenant on which suit is brought has not occurred prior to the assignment to such assignee. It shall not be a defense to the covenantor when sued by an assignee that the covenantor was a stranger to title to the whole or a part of the land the covenantor purported to convey.
Source
Laws 1923, c. 111, § 3, p. 269;
C.S.1929, § 76-112;
R.S.1943, § 76-208.
Annotations
A lessee of real estate under a written lease for twenty-five years, notice of which is recorded, is an assignee and may enforce covenants involving possessory rights contained in a prior conveyance of the real estate to his lessor. Grand Island Hotel Corp. v. Second Island Development Co., 191 Neb. 98, 214 N.W.2d 253 (1974).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-209 - Deed; after-acquired interest; effect.

76-209.
Deed; after-acquired interest; effect.
When a deed purports to convey a greater interest than the grantor was at the time possessed of, any after-acquired interest of such grantor to the extent of that which the deed purports to convey shall accrue to the benefit of the grantee;
Provided, however,
such after-acquired interest shall not inure to the benefit of the original grantee or his heirs or assigns, if the deed conveying said real estate was either a quitclaim or special warranty, and the original grantor in any case shall not be estopped from acquiring said premises at judicial or tax sale, upon execution against the grantee or his assigns, or for taxes becoming due after date of his conveyance.
Source
R.S.1866, c. 43, § 56, p. 291;
Laws 1875, § 1, p. 91;
R.S.1913, § 6193;
C.S.1922, § 5592;
C.S.1929, § 76-107;
R.S.1943, § 76-209.
Annotations
Statute has no application where grantor transfers a less interest than he possesses. Gettel v. Hester, 165 Neb. 573, 86 N.W.2d 613 (1957).
Property of grantor, acquired subsequently to making of deed, passed to grantee, and filing of transcript and the issuance of an execution, did not create a lien thereon. Trudeau v. Fischer, 96 Neb. 275, 147 N.W. 698 (1914).
If mortgage deed purports to convey whole property, an after-acquired interest of mortgagor will accrue to title conveyed by the mortgage. Pulver v. Connelly, 93 Neb. 188, 139 N.W. 1014 (1913).
If grantor obtains an instrument that evidences and fortifies the estate which his deed purports to convey, such instrument inures to the benefit of the grantee. Ford v. Axelson, 74 Neb. 92, 103 N.W. 1039 (1905).
Title acquired by patent issued subsequent to conveyance by grantor inures to the benefit of grantee. Lyon v. Gombert, 63 Neb. 630, 88 N.W. 774 (1902).
An after-acquired title by a grantor in a deed of quitclaim does not inure to his grantee. Troxell v. Stevens, 57 Neb. 329, 77 N.W. 781 (1899); Hagensick v. Castor, 53 Neb. 495, 73 N.W. 932 (1898).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-210 - Estates in future; recognized.

76-210.
Estates in future; recognized.
Estates may be created to commence at a future day.
Source
R.S.1866, c. 43, § 57, p. 292;
R.S.1913, § 6194;
C.S.1922, § 5593;
C.S.1929, § 76-108;
R.S.1943, § 76-210.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-212 - Private seals; use abolished.

76-212.
Private seals; use abolished.
The use of private seals upon all deeds, mortgages, leases, bonds, and other instruments and contracts in writing, is abolished, and the addition of a private seal to any such instrument or contract in writing shall not affect its equity or legality in any respect.
Source
R.S.1866, c. 49, § 1, p. 376;
R.S.1913, § 6251;
C.S.1922, § 5650;
C.S.1929, § 76-256;
R.S.1943, § 76-212.
Annotations
Since abolishment of private seals, all contracts are simple contracts. Montgomery v. Dresher, 90 Neb. 632, 134 N.W. 251 (1912).
Private seals do not affect the equity or legality of written instruments or contracts in this state. Fitzgerald v. Union Stock Yds. Co., 89 Neb. 393, 131 N.W. 612 (1911).
Abolishment of seals abolished their incidents, i.e., conclusive presumption of consideration. Luce v. Foster, 42 Neb. 818, 60 N.W. 1027 (1894); Richardson v. Woodruff, 20 Neb. 132, 29 N.W. 308 (1886).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-213 - Deeds and other instruments; executed without seal; validated.

76-213.
Deeds and other instruments; executed without seal; validated.
All deeds, mortgages, or other instruments in writing, for the conveyance or encumbrance of real estate, or any interest therein, which have been made and executed without the use of a private seal are declared to be legal and valid in all courts of law and equity in this state and elsewhere.
Source
R.S.1866, c. 49, § 2, p. 376;
R.S.1913, § 6252;
C.S.1922, § 5651;
C.S.1929, § 76-257;
R.S.1943, § 76-213.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-215 - Statement; failure to furnish; penalty.

76-215.
Statement; failure to furnish; penalty.
Any person who fails to obey the provisions of subsection (1) of section 76-214 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten dollars nor exceeding five hundred dollars.
Source
Laws 1917, c. 224, § 2, p. 550;
C.S.1922, § 5663;
C.S.1929, § 76-269;
R.S.1943, § 76-215;
Laws 1965, c. 456, § 2, p. 1450;
Laws 1965, c. 457, § 2, p. 1452;
Laws 1994, LB 1275, § 7;
Laws 2012, LB536, § 30.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-216 - Deeds; acknowledgment required.

76-216.
Deeds; acknowledgment required.
The grantor must acknowledge the instrument with an acknowledgment as defined in section 64-205.
Source
R.S.1866, c. 43, § 2, p. 280;
R.S.1913, § 6197;
C.S.1922, § 5596;
C.S.1929, § 76-202;
R.S.1943, § 76-216;
Laws 1978, LB 668, § 1.
Annotations
Acknowledgment must show voluntary execution. Keeling v. Hoyt, 31 Neb. 453, 48 N.W. 66 (1891); Aultman & Taylor Co. v. Jenkins, 19 Neb. 209, 27 N.W. 117 (1886).
Acknowledgment that it was their voluntary act was good. Spitznagle v. Vanhessch, 13 Neb. 338, 14 N.W. 417 (1882).
Substantial compliance with statute is necessary and sufficient. Becker v. Anderson, 11 Neb. 493, 9 N.W. 640 (1881).
Acknowledgment is no part of deed itself. Burbank v. Ellis, 7 Neb. 156 (1878).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-217 - Acknowledgment; before whom taken in this state.

76-217.
Acknowledgment; before whom taken in this state.
The acknowledgment must be made or proved, if in this state, before a judge or clerk of any court, United States Magistrate or notary public therein; but no officer can take any such acknowledgment or proof out of his territorial jurisdiction.
Source
R.S.1866, c. 43, § 3, p. 280;
R.S.1913, § 6198;
C.S.1922, § 5597;
C.S.1929, § 76-203;
R.S.1943, § 76-217;
Laws 1947, c. 244, § 1, p. 768;
Laws 1972, LB 1032, § 268.
Cross References
Authority to take acknowledgments:
Deputy clerks of the district and county courts, see section 24-403.
Notaries public, see section 64-107.
Secretary of State, see section 84-507.
Notaries public, generally, see Chapter 64, article 1.
Payment to county treasurer of fees of county officers for taking acknowledgments, see section 33-153.
Annotations
Certificate of an officer having authority to take acknowledgments cannot be impeached by showing that it was irregularly performed. Bode v. Jussen, 93 Neb. 482, 140 N.W. 768 (1913); Morris v. Linton, 61 Neb. 537, 85 N.W. 565 (1901).
Officer is disqualified to take acknowledgment when he is interested in transaction. Banking House of A. Castetter v. Stewart, 70 Neb. 815, 98 N.W. 34 (1904); Horbach v. Tyrrell, 48 Neb. 514, 67 N.W. 485 (1896); Hedbloom v. Pierson, 2 Neb. Unof. 799, 90 N.W. 218 (1902); Chadron L. & B. Assn. v. O'Linn, 1 Neb. Unof. 1, 95 N.W. 368 (1901).
Certificate of acknowledgment cannot be impeached by showing that officer's duty was irregularly performed. Council Bluffs Savings Bank v. Smith, 59 Neb. 90, 80 N.W. 270 (1899).
Prior to September 7, 1947, United States Commissioner was unauthorized to take acknowledgments. Interstate S. & L. Assn. v. Strine, 58 Neb. 133, 78 N.W. 377 (1899).
Acknowledgment may be taken by attorney of party in interest. Havemeyer v. Dahn, 48 Neb. 536, 67 N.W. 489 (1896).
Act of acknowledging officer is ministerial. Horbach v. Tyrrell, 48 Neb. 514, 67 N.W. 485 (1896).
Acknowledgment is act of one who has executed instrument going before some competent officer and declaring it to be his act or deed. Aultman & Taylor Co. v. Jenkins, 19 Neb. 209, 27 N.W. 117 (1886).
County clerk is authorized to take acknowledgments. Davis v. Huston, 15 Neb. 28, 16 N.W. 820 (1883).
Certificate of acknowledgment cannot be impeached except for fraud, collusion, or imposition. Boldt v. Becker, 1 Neb. Unof. 75, 95 N.W. 509 (1901).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-217.01 - Acknowledgment; defective seal; validity.

76-217.01.
Acknowledgment; defective seal; validity.
No deed, mortgage, affidavit, power of attorney or other instrument in writing shall be invalidated because of any defects in the wording of the seal of the notary public attached thereto.
Source
Laws 1945, c. 145, § 12, p. 494.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-218 - Acknowledgment and recording of instruments; violations; penalty.

76-218.
Acknowledgment and recording of instruments; violations; penalty.
Every officer within this state authorized to take the acknowledgment or proof of any conveyance, and every county clerk, who shall be guilty of knowingly stating an untruth, or guilty of any malfeasance or fraudulent practice in the execution of the duties prescribed for them by law, in relation to the taking or the certifying of the proof or acknowledgment, or the recording or certifying of any record of any such conveyance, mortgage or instrument in writing, or in relation to the canceling of any mortgage, shall upon conviction be adjudged guilty of a misdemeanor, and be subject to punishment by fine not exceeding five hundred dollars, and imprisonment not exceeding one year, and shall also be liable in damages to the party injured.
Source
R.S.1866, c. 43, § 46, p. 290;
R.S.1913, § 6250;
C.S.1922, § 5649;
C.S.1929, § 76-255;
R.S.1943, § 76-218.
Annotations
Certification by an attorney of a false acknowledgment is a criminal offense justifying suspension or disbarment. State ex rel. Nebraska State Bar Assn. v. Butterfield, 169 Neb. 119, 98 N.W.2d 714 (1959).
County clerk, in issuing certificate of title to a motor vehicle, was not guilty of malfeasance under facts stated. Securities Credit Corp. v. Pindell, 153 Neb. 298, 44 N.W.2d 501 (1950).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-219 - Acknowledgment; before whom taken in any other state or territory.

76-219.
Acknowledgment; before whom taken in any other state or territory.
If the instrument is executed and acknowledged or proved in any other state, territory or district of the United States, it must be executed and acknowledged or proved either according to the laws of such state, territory or district or in accordance with the law of this state, and if acknowledged out of this state it must be before some court of record or clerk or officer holding the seal thereof, or before some commissioner to take the acknowledgment of deeds, appointed by the Governor of this state, or before some notary public.
Source
R.S.1866, c. 43, § 4, p. 280;
Laws 1887, c. 61, § 2, p. 562;
Laws 1909, c. 110, § 1, p. 433;
R.S.1913, § 6199;
C.S.1922, § 5598;
C.S.1929, § 76-204;
R.S.1943, § 76-219.
Annotations
A deed of lands situated in this state, executed in another state and acknowledged there before a notary public is presumed to have been executed according to the laws of that state though not witnessed, and is entitled to be received in evidence in this state, without other proof that the grantors actually executed and delivered the deed. Jorgensen v. Crandell, 134 Neb. 33, 277 N.W. 785 (1938).
There is presumption of regularity of execution and acknowledgment in foreign state. Dorsey v. Conrad, 49 Neb. 443, 68 N.W. 645 (1896); Schields v. Horbach, 49 Neb. 262, 68 N.W. 524 (1896).
Acknowledgment in foreign state must satisfy laws of that state or this. Roode v. State, 5 Neb. 174 (1876).
Authentication is required when officer has no seal. Hoadley v. Stephens, 4 Neb. 431 (1876).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-226 - Deeds; execution in foreign country; laws governing; acknowledgment.

76-226.
Deeds; execution in foreign country; laws governing; acknowledgment.
If such deed be executed in a foreign country, it may be executed according to the laws of such country, and the execution thereof may be acknowledged before any notary public therein, or before any minister plenipotentiary, minister extraordinary, minister resident, charge d'affaires, commissioner, commercial agent, or consul of the United States appointed to reside therein, which acknowledgment shall be certified thereon by the officer taking the same, under his hand, and if taken before a notary public, his seal of office shall be affixed to such certificate.
Source
R.S.1866, c. 43, § 6, p. 281;
R.S.1913, § 6202;
C.S.1922, § 5601;
C.S.1929, § 76-207;
R.S.1943, § 76-226.
Annotations
The word consul means any person invested by national government with functions of that office. Morris v. Linton, 61 Neb. 537, 85 N.W. 565 (1901).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-227 - Acknowledgment before army officers; validity.

76-227.
Acknowledgment before army officers; validity.
The acknowledgment of legal instruments, the attestation of documents, the administration of oaths and other notarial acts, heretofore or hereafter taken before any duly commissioned officer of the army, navy, marine corps, coast guard, or any other component part of the armed forces of the United States are hereby declared legal, valid and binding, and such instrument and documents shall be admissible in evidence and eligible to record in this state under the same circumstances, and with the same force and effect as if such acknowledgment, attestation, oath, affidavit, or other notarial act had been made or taken before a notary public within this state. If the signature, rank and branch of service of any such officer appear upon such instrument or document, no further proof of the authority of such officer to so act shall be required.
Source
Laws 1919, c. 169, § 1, p. 381;
C.S.1922, § 5664;
C.S.1929, § 76-270;
Laws 1943, c. 170, § 1, p. 593;
R.S.1943, § 76-227.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-228 - Proof in lieu of acknowledgment; when authorized.

76-228.
Proof in lieu of acknowledgment; when authorized.
If the grantor dies before acknowledgment, or if for any cause his attendance cannot be procured in order to make the same, or, having appeared, he refused to acknowledge it, proof of the execution and delivery of the deed may be made by any competent subscribing witness thereto before any officer authorized to take the acknowledgment. The witness must state, upon oath, his own place of residence, that he set his name to the deed as a witness, that he knew the grantor in such deed, and saw him sign or heard him acknowledge he had signed the same. Such proof shall not be taken unless the officer is personally acquainted with such subscribing witness, or has satisfactory evidence that he is the same person who was a subscribing witness to such deed.
Source
R.S.1866, c. 43, § 7, p. 281;
R.S.1913, § 6203;
C.S.1922, § 5602;
C.S.1929, § 76-208;
R.S.1943, § 76-228.
Annotations
Proof of acknowledgment may be made by subscribing witness. Podewitz v. Gering Nat. Bank, 171 Neb. 380, 106 N.W.2d 497 (1960).
Proof of acknowledged deed made by subscribing witness entitles deed to record. Wilson v. Wilson, 83 Neb. 562, 120 N.W. 147 (1909).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-229 - Proof in lieu of acknowledgment; power of officer to subpoena witnesses.

76-229.
Proof in lieu of acknowledgment; power of officer to subpoena witnesses.
The officer has power to issue the necessary subpoenas for the subscribing witnesses, residing in the same county, to appear before him for the purpose stated in section 76-228.
Source
R.S.1866, c. 43, § 8, p. 281;
R.S.1913, § 6204;
C.S.1922, § 5603;
C.S.1929, § 76-209;
R.S.1943, § 76-229.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-230 - Proof in lieu of acknowledgment; witness; disobedience to subpoena; penalty.

76-230.
Proof in lieu of acknowledgment; witness; disobedience to subpoena; penalty.
Every person served with a subpoena and tendered the fees of a witness who, without reasonable cause, refuses or neglects to appear, or appearing, refuses to answer upon oath touching the matters referred to in section 76-228, shall forfeit to the party injured one hundred dollars and may also be committed to prison by the officer who issued such subpoena, there to remain without bail until he or she shall submit to answer upon oath as aforesaid.
Source
R.S.1866, c. 43, § 9, p. 281;
R.S.1913, § 6205;
C.S.1922, § 5604;
C.S.1929, § 76-210;
R.S.1943, § 76-230;
Laws 1991, LB 1, § 6.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-231 - Proof in lieu of acknowledgment; by handwriting; when authorized.

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