Chapter 76 — REAL PROPERTY
1,095 sections in this chapter.
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 626, § 79.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-1901 Act, how cited.
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Sections 76-1901 to 76-1916 shall be known and may be cited as the Farm Homestead Protection Act.
Neb. Rev. Stat. § 76-1902 Terms, defined.
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As used in the Farm Homestead Protection Act, unless the context otherwise requires: (1) Designation of homestead shall mean a sworn written statement by an individual mortgagor, trustor, or judgment debtor which describes his or her homestead, executed on or after November 21, 1…
Neb. Rev. Stat. § 76-1903 Mortgage foreclosure; notice of right to cure; contents; cure of default; effect.
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(1) In any action for the foreclosure of a mortgage upon protected real estate, if the mortgaged premises are used in farming operations carried on by the mortgagor, the mortgagee shall, before the commencement of such action, send to the mortgagor written notice of right to cure…
Neb. Rev. Stat. § 76-1904 Mortgage or trust deed; designation of homestead; waiver or disclaimer; reservation of right to designate.
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(1) In any mortgage or trust deed executed on or after November 21, 1986, upon agricultural land, the mortgagor or trustor may make a designation of homestead in the body of such mortgage or trust deed. (2) In any mortgage or trust deed executed on or after November 21, 1986, upo…
Neb. Rev. Stat. § 76-1905 Priority of liens.
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For so long as any mortgage or trust deed described in section 76-1904 remains a lien upon the real estate, the designation of homestead, the reservation of the right to make a designation of homestead, or a waiver or disclaimer of the right to make a designation of homestead mad…
Neb. Rev. Stat. § 76-1906 Redemption of redemptive homestead; when allowed.
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(1) In an action against protected real estate for the foreclosure of any mortgage or trust deed described in section 76-1904 with respect to which no waiver or disclaimer of the right to make a designation of homestead has been made or is otherwise binding in accordance with sec…
Neb. Rev. Stat. § 76-1907 Petition; contents.
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A petition filed pursuant to section 76-1906 shall: (1) Set forth a designation of the homestead which shall, with respect to the redemptive homestead, be limited by the boundaries of any designation made pursuant to section 76-1904 in any mortgage or trust deed having priority u…
Neb. Rev. Stat. § 76-1908 Confirmation of redemption.
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If after trial as an action in equity the court finds: (1) That the petition provided for in section 76-1906 is filed in good faith and not for delay; (2) that the statements contained in the petition are true; and (3) that the requested redemption will not unreasonably affect th…
Neb. Rev. Stat. § 76-1909 Redemption; payment by petitioner; failure to pay; effect; petitioner's equity; use; when allowed.
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(1) Except as provided in subsection (2) of this section, an order confirming a requested homestead redemption shall direct the petitioner to pay into the court not later than ten days from the entry of such order a cash amount equal to the current market value of the redemptive …
Neb. Rev. Stat. § 76-1910 Filing of petition; effect; petitioner's rights.
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(1) The filing of a petition as provided in section 76-1906 shall not delay or preclude the holder of a mortgage, trust deed, or judgment lien, referred to in such section, from causing a sale as otherwise permitted by law of that portion of the protected real estate exclusive of…
Neb. Rev. Stat. § 76-1911 Prior lien; validity.
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No action on any petition filed in accordance with section 76-1906 nor any order of confirmation entered thereon shall at any time affect or impair any prior lien upon agricultural land under any mortgage or trust deed executed or judgment rendered prior to November 21, 1986, and…
Neb. Rev. Stat. § 76-1912 Mortgage foreclosure; two sales; procedure.
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(1) In an action for the foreclosure of a mortgage upon agricultural land which was recorded prior to November 21, 1986, or a mortgage recorded on or after November 21, 1986, in which the right to designate a homestead has been waived or disclaimed pursuant to section 76-1904, if…
Neb. Rev. Stat. § 76-1913 Trust deed; notice of default; two sales; procedure.
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(1) If any part of the homestead of the trustor is included in a description of agricultural land set forth in a notice of default under a trust deed recorded prior to November 21, 1986, or a trust deed recorded on or after November 21, 1986, in which the trustor has waived or di…
Neb. Rev. Stat. § 76-1914 Act, how construed.
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The Farm Homestead Protection Act shall not be construed to impair any right of a judgment debtor to claim and receive the dollar amount of the exemption afforded to the holder of the homestead under section 40-101.
Neb. Rev. Stat. § 76-1915 Successor in interest; rights; when available.
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The rights afforded to a mortgagor or trustor under the Farm Homestead Protection Act shall be available for the protection of the homestead of his or her successor in interest in the mortgaged premises or trust property only if the successor has entered into an agreement signed …
Neb. Rev. Stat. § 76-1916 Sale or conveyance; exempt from subdivision requirements.
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(1) A sale or conveyance of agricultural land in parcels pursuant to any action on a petition filed pursuant to section 76-1906, (2) a foreclosure sale of mortgaged premises in parcels pursuant to section 76-1912 or 76-1913 or a decree entered under section 25-2138, or (3) a conv…
Neb. Rev. Stat. § 76-2 Reverter or rights of entry; termination of trust; succession.
Neb. Rev. Stat. § 76-2001 Act, how cited.
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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.
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(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.
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(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.
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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.
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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…