™Your Policy Risk Impact Agent
953 sections in this chapter.
Neb. Rev. Stat. § 76-2,112 Easement; creation; approval by governing body; when required.
2.8K chars
(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 w…
Neb. Rev. Stat. § 76-2,113 Easement; release or transfer.
0.8K chars
(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…
Neb. Rev. Stat. § 76-2,114 Easement; judicial modification or termination.
1.0K chars
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 wh…
Neb. Rev. Stat. § 76-2,115 Easement; enforceability; duration.
0.4K chars
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 an…
Neb. Rev. Stat. § 76-2,116 Property subject to easement; how assessed.
0.4K chars
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 exempt…
Neb. Rev. Stat. § 76-2,117 Sections; effect on other rights and powers.
1.2K chars
(1) The provisions of sections 76-2,111 to 76-2,118 do not render invalid or unenforceable any otherwise valid restriction, easement, covenant, or condition whether created before or after the enactment of sections 76-2,111 to 76-2,118. (2) Nothing in sections 76-2,111 to 76-2,11…
Neb. Rev. Stat. § 76-2,118 Act, how cited.
0.1K chars
Sections 76-2,111 to 76-2,118 shall be known and may be cited as the Conservation and Preservation Easements Act.
Neb. Rev. Stat. § 76-2,119 Notation on deed; required.
0.3K chars
A permanent notation shall be made on the deed of any property where a solid waste disposal area or solid waste processing facility is sited. The notation shall indicate the name and address of the agency where records of operations of the area or facility are maintained and wher…
Neb. Rev. Stat. § 76-2,120 Written disclosure statement required, when; contents; delivery; liability; noncompliance; effect; State Real Estate Commission; rules and regulations.
9.2K chars
(1) For purposes of this section: (a) Ground lease coupled with improvements shall mean a lease for a parcel of land on which one to four residential dwelling units have been constructed; (b) Purchaser shall mean a person who acquires, attempts to acquire, or succeeds to an inter…
Neb. Rev. Stat. § 76-2,121 Real estate closing agents; terms, defined.
1.6K chars
For purposes of sections 76-2,121 to 76-2,123: (1) Federally insured financial institution means an institution in which the monetary deposits are insured by the Federal Deposit Insurance Corporation or National Credit Union Administration; (2) Good funds means: (a) Lawful money …
Neb. Rev. Stat. § 76-2,122 Real estate closing agents; requirements; exemptions; enforcement; violation; penalty.
2.3K chars
(1) To act as a real estate closing agent, a person shall be (a) licensed or regulated by one or more regulating entities or (b) employed by a person or entity regulated by one or more regulating entities, unless employing such person to act as a real estate closing agent is othe…
Neb. Rev. Stat. § 76-2,123 Real estate closing agents; regulating entities; rules and regulations.
0.5K chars
Each state regulating entity may adopt and promulgate rules and regulations and issue such orders as are necessary or desirable to carry out section 76-2,122. Each regulating entity may inspect, examine, and audit the books and records of real estate closing agents under its juri…
Neb. Rev. Stat. § 76-2,124 Water resources update notice; Department of Water, Energy, and Environment; powers and duties.
1.8K chars
(1) Any person transferring ownership of real property not inside the corporate limits of a municipality shall complete and provide to the transferee, at or before the closing of the transfer, a water resources update notice acknowledging (a) whether any surface water rights issu…
Neb. Rev. Stat. § 76-2,125 Master form instrument; use.
2.9K chars
A real estate mortgage or trust deed may be recorded and constructive notice of the same and the contents thereof given in the following manner: (1) An instrument which is a master form instrument for mortgages or trust deeds containing a form or forms of covenants, conditions, o…
Neb. Rev. Stat. § 76-2,126 Certain conveyances; filing of death certificate and attached cover sheet with register of deeds.
0.9K chars
If a conveyance of real estate was pursuant to (1) a transfer on death deed due to the death of the transferor or the death of a surviving joint tenant of the transferor, (2) a joint tenancy deed due to the death of a joint tenant, or (3) the expiration of a life estate, then a d…
Neb. Rev. Stat. § 76-2,127 Short title.
0.1K chars
Sections 76-2,127 to 76-2,140 shall be known and may be cited as the Uniform Easement Relocation Act.
Neb. Rev. Stat. § 76-2,128 Definitions.
5.1K chars
In the Uniform Easement Relocation Act: (1) Appurtenant easement means an easement tied to or dependent on ownership or occupancy of a unit or a parcel of real property. (2) Conservation easement means a nonpossessory property interest created for one or more of the following con…
Neb. Rev. Stat. § 76-2,129 Scope; exclusions.
0.9K chars
(a) Except as otherwise provided in subsection (b) of this section, the Uniform Easement Relocation Act applies to an easement established by express grant or reservation or by prescription, implication, necessity, estoppel, or other method. (b) The Uniform Easement Relocation Ac…
Neb. Rev. Stat. § 76-2,130 Right of servient estate owner to relocate easement.
1.2K chars
A servient estate owner may relocate an easement under the Uniform Easement Relocation Act only if the relocation does not materially: (1) lessen the utility of the easement; (2) after the relocation, increase the burden on the easement holder in its reasonable use and enjoyment …
Neb. Rev. Stat. § 76-2,131 Commencement of civil action.
2.2K chars
(a) To obtain an order to relocate an easement under the Uniform Easement Relocation Act, a servient estate owner must commence a civil action. (b) A servient estate owner that commences a civil action under subsection (a) of this section: (1) shall serve a summons and complaint …
Neb. Rev. Stat. § 76-2,132 Required findings; order.
2.1K chars
(a) The court may not approve relocation of an easement under the Uniform Easement Relocation Act unless the servient estate owner: (1) establishes that the easement is eligible for relocation under section 76-2,129; and (2) satisfies the conditions for relocation under section 7…
Neb. Rev. Stat. § 76-2,133 Expenses of relocation.
1.4K chars
A servient estate owner is responsible for reasonable expenses of relocation of an easement under the Uniform Easement Relocation Act, including the expense of: (1) constructing improvements on the servient estate or dominant estate in accordance with an order under section 76-2,…
Neb. Rev. Stat. § 76-2,134 Duty to act in good faith.
0.3K chars
After the court, under section 76-2,132, approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder, and other parties in the civil action shall act in good faith to facilitate the relocation in compli…
Neb. Rev. Stat. § 76-2,135 Relocation affidavit.
1.0K chars
(a) If an order under section 76-2,132 requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the new location, the servient estate ow…
Neb. Rev. Stat. § 76-2,136 Limited effect of relocation.
1.2K chars
(a) Relocation of an easement under the Uniform Easement Relocation Act: (1) is not a new transfer or a new grant of an interest in the servient estate or the dominant estate; (2) is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restrict…
Neb. Rev. Stat. § 76-2,137 Nonwaiver.
0.6K chars
The right of a servient estate owner to relocate an easement under the Uniform Easement Relocation Act may not be waived, excluded, or restricted by agreement even if: (1) the instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of…
Neb. Rev. Stat. § 76-2,138 Uniformity of application and construction.
0.2K chars
In applying and construing the Uniform Easement Relocation Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Neb. Rev. Stat. § 76-2,139 Relation to Electronic Signatures in Global and National Commerce Act.
0.4K chars
The Uniform Easement Relocation Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of a…
Neb. Rev. Stat. § 76-2,140 Act; applicability.
0.1K chars
The Uniform Easement Relocation Act applies to an easement created before, on, or after August 28, 2021.
Neb. Rev. Stat. § 76-2,141 Covered real estate; affidavit; required when; form; penalty.
1.8K chars
(1) For purposes of this section, covered real estate means real estate described in 31 C.F.R. 802.211(b)(3), as such regulation existed on January 1, 2025. (2) Whenever there is a conveyance of covered real estate, the purchaser of the real estate shall complete and sign an affi…
Neb. Rev. Stat. § 76-2,142 Right-to-list home sale agreements; prohibited acts; void and unenforceable, when; recordation, effect.
1.1K chars
(1) No person shall present for recording, cause to be presented for recording, or record in the office of the register of deeds or county clerk any (a) right-to-list home sale agreement as defined in section 81-885.01 or (b) lien or encumbrance resulting from such right-to-list …
Neb. Rev. Stat. § 76-2001 Act, how cited.
0.1K chars
Sections 76-2001 to 76-2008 shall be known and may be cited as the Uniform Statutory Rule Against Perpetuities Act.
Neb. Rev. Stat. § 76-2002 Statutory rule against perpetuities.
1.4K chars
(a) A nonvested property interest is invalid unless: (1) When the interest is created, it is certain to vest or terminate no later than twenty-one years after the death of an individual then alive; or (2) The interest either vests or terminates within ninety years after its creat…
Neb. Rev. Stat. § 76-2003 When nonvested property interest or power of appointment created.
1.0K chars
(a) Except as provided in subsections (b) and (c) of this section and subsection (a) of section 76-2006, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. (b) For purposes of the Uniform Statuto…
Neb. Rev. Stat. § 76-2004 Reformation of disposition.
0.8K chars
Upon the petition of an interested person, a county court in a proceeding described in section 30-2211 or 30-3812 or a district court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the ninety …
Neb. Rev. Stat. § 76-2005 Exclusions from statutory rule against perpetuities.
3.2K chars
Section 76-2002 does not apply to: (1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of (i) a premarital or postmarital agreement, (ii) a separation or divo…
Neb. Rev. Stat. § 76-2006 Prospective application.
1.1K chars
(a) Except as extended by subsection (b) of this section, the Uniform Statutory Rule Against Perpetuities Act applies to a nonvested property interest or a power of appointment that is created on or after August 25, 1989. For purposes of this section, a nonvested property interes…
Neb. Rev. Stat. § 76-2007 Uniformity of application and construction.
0.2K chars
The Uniform Statutory Rule Against Perpetuities Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the act among states enacting it.
Neb. Rev. Stat. § 76-2008 Common-law rule; superseded.
0.1K chars
The Uniform Statutory Rule Against Perpetuities Act supersedes the rule of common law known as the rule against perpetuities.
Neb. Rev. Stat. § 76-201 Real estate, defined.
0.2K chars
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.
Neb. Rev. Stat. § 76-202 Purchaser, defined.
0.3K chars
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.
Neb. Rev. Stat. § 76-203 Deed, defined.
0.3K chars
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 …
Neb. Rev. Stat. § 76-204 Deed; instrument not included.
0.7K chars
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, wh…
Neb. Rev. Stat. § 76-205 Instruments; construction; intent of parties; duty of courts.
0.4K chars
In the construction of every instrument creating or conveying, or authorizing or requiring the creation or conveyance of any real estate, or interest therein, it shall be the duty of the courts of justice to carry into effect the true intent of the parties, so far as such intent …
Neb. Rev. Stat. § 76-206 Covenant for title; effective words.
0.3K chars
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 esta…
Neb. Rev. Stat. § 76-207 Covenants; breach; constructive eviction; acts constituting.
0.5K chars
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…
Neb. Rev. Stat. § 76-208 Covenants for title; who may enforce.
0.7K chars
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 …
Neb. Rev. Stat. § 76-209 Deed; after-acquired interest; effect.
0.7K chars
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 …
Neb. Rev. Stat. § 76-210 Estates in future; recognized.
0.1K chars
Estates may be created to commence at a future day.
Neb. Rev. Stat. § 76-2101 Act, how cited.
0.1K chars
Sections 76-2101 to 76-2121 shall be known and may be cited as the Membership Campground Act.