Chapter 76 — REAL PROPERTY
1,095 sections in this chapter.
Neb. Rev. Stat. § 76-2006 Prospective application.
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(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.
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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 § 76-2008 Common-law rule; superseded.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Estates may be created to commence at a future day.
Neb. Rev. Stat. § 76-2101 Act, how cited.
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Sections 76-2101 to 76-2121 shall be known and may be cited as the Membership Campground Act.
Neb. Rev. Stat. § 76-2102 Terms, defined.
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For purposes of the Membership Campground Act: (1) Advertisement means an attempt by publication, dissemination, solicitation, or circulation to induce, directly or indirectly, any person to enter into an obligation or acquire a title or interest in a membership camping contract;…
Repealed. Laws 2024, LB152, § 7.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-2104 Prohibited acts.
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No person shall, in connection with the offering, sale, or lease of an interest in a membership campground: (1) Employ any device, scheme, or artifice to defraud; (2) Make any untrue statement of a material fact; (3) Fail to state a material fact necessary to make a statement cle…
Repealed. Laws 2024, LB152, § 7.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-2106 Exemptions from act.
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The Membership Campground Act shall not apply to the following transactions: (1) The offer, sale, or transfer by any one person of not more than one membership camping contract in any twelve-month period; (2) The offer or sale by a government, government agency, or other subdivis…
Repealed. Laws 2024, LB152, § 7.
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[Repealed or reserved.]
Repealed. Laws 2024, LB152, § 7.
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[Repealed or reserved.]
Repealed. Laws 2024, LB152, § 7.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-211 Deeds; execution; record.
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Deeds of real estate, or any interest therein, in this state, except leases for one year or for a less time, if executed in this state, must be signed by the grantor or grantors, being of lawful age, and be acknowledged or proved and recorded as directed in sections 76-216 to 76-…
Neb. Rev. Stat. § 76-2110 Disclosure statement; contents.
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(1) A membership camping operator shall provide a disclosure statement to a purchaser or prospective purchaser before the person signs a membership camping contract or gives any money or thing of value for the purchase of a membership camping contract. (2) The front cover or firs…
Neb. Rev. Stat. § 76-2111 Membership camping contract; delivery required; contents.
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The membership camping operator shall deliver to the purchaser a fully executed copy of a membership camping contract in writing, which contract shall include at least the following information: (1) The name of the membership camping operator and the address of its principal plac…
Neb. Rev. Stat. § 76-2112 Membership camping contract; right to cancel; effect; duties.
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A purchaser shall have the right to cancel a membership camping contract within three business days following the date the contract is executed or within three business days following the date of delivery of the written disclosure statement required by section 76-2110, whichever …
Neb. Rev. Stat. § 76-2113 Purchaser's remedies; attorney's fees and court costs.
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A purchaser's remedy for errors in or omissions from the membership camping contract, the materials delivered to the purchaser at the time of sale, or any of the disclosures required in section 76-2117 shall be limited to a right of cancellation and refund of the payment made or …
Repealed. Laws 2024, LB152, § 7.
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[Repealed or reserved.]
Repealed. Laws 2024, LB152, § 7.
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[Repealed or reserved.]
Repealed. Laws 2024, LB152, § 7.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-2117 Advertisement, communication, or sales literature; restrictions; disclosures required; rain check; prohibited acts.
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(1) Any advertisement, communication, or sales literature relating to membership camping contracts, including oral statements by a salesperson or any other person, shall not contain: (a) Any untrue statement of material fact or any omission of material fact which would make the s…
Neb. Rev. Stat. § 76-2118 Injunctions authorized.
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Whenever in the judgment of the commission any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of the Membership Campground Act, the Attorney General may maintain an action in the name of the State of Nebraska in t…
Neb. Rev. Stat. § 76-2119 Civil penalty authorized.
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The Attorney General may seek a civil penalty of not more than ten thousand dollars for each violation of the Membership Campground Act in the district court of Lancaster County. Each day of continued violation shall constitute a separate offense.
Neb. Rev. Stat. § 76-212 Private seals; use abolished.
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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.
Neb. Rev. Stat. § 76-2120 Applicability of other law.
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A membership camping contract or an offer or a sale of a membership camping contract shall not be subject to the Securities Act of Nebraska or the Nebraska Time-Share Act.
Neb. Rev. Stat. § 76-2121 Rules and regulations.
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The commission may adopt and promulgate rules and regulations to carry out the Membership Campground Act.
Neb. Rev. Stat. § 76-213 Deeds and other instruments; executed without seal; validated.
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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 a…
Neb. Rev. Stat. § 76-214 Deed, memorandum of contract, or land contract; recorded; death certificate filed; statement required; access.
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(1) Except as provided in subsection (4) of this section, every grantee who has a deed to real estate recorded and every purchaser of real estate who has a memorandum of contract or land contract recorded shall, at the time such deed, memorandum of contract, or land contract is p…
Neb. Rev. Stat. § 76-215 Statement; failure to furnish; penalty.
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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.
Neb. Rev. Stat. § 76-216 Deeds; acknowledgment required.
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The grantor must acknowledge the instrument with an acknowledgment as defined in section 64-205.
Neb. Rev. Stat. § 76-217 Acknowledgment; before whom taken in this state.
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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.
Neb. Rev. Stat. § 76-217.01 Acknowledgment; defective seal; validity.
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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.
Transferred to section 64-212.
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[Repealed or reserved.]
Transferred to section 64-213.
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[Repealed or reserved.]
Transferred to section 64-214.
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[Repealed or reserved.]
Transferred to section 64-215.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-218 Acknowledgment and recording of instruments; violations; penalty.
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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…
Neb. Rev. Stat. § 76-219 Acknowledgment; before whom taken in any other state or territory.
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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, a…
Repealed. Laws 1969, c. 614, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-2201 Act, how cited.
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Sections 76-2201 to 76-2250 shall be known and may be cited as the Real Property Appraiser Act.