Chapter 76 — REAL PROPERTY
1,095 sections in this chapter.
Transferred to section 76-553.
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[Repealed or reserved.]
Transferred to section 76-550.
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[Repealed or reserved.]
Repealed. Laws 1981, LB 545, § 52.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 47, § 32.
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[Repealed or reserved.]
Transferred to section 76-539.
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[Repealed or reserved.]
Transferred to section 76-542.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 47, § 32.
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[Repealed or reserved.]
Transferred to section 76-546.
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[Repealed or reserved.]
Transferred to section 76-545.
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[Repealed or reserved.]
Transferred to section 76-547.
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[Repealed or reserved.]
Transferred to section 76-548.
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[Repealed or reserved.]
Transferred to section 76-555.
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[Repealed or reserved.]
Transferred to section 76-551.
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[Repealed or reserved.]
Transferred to section 76-558.
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[Repealed or reserved.]
Transferred to section 76-554.
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[Repealed or reserved.]
Transferred to section 76-556.
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[Repealed or reserved.]
Transferred to section 76-557.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 47, § 32.
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[Repealed or reserved.]
Transferred to section 76-544.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 47, § 32.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 47, § 32.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-535 Act, how cited.
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Sections 76-535 to 76-558 shall be known and may be cited as the Abstracters Act.
Neb. Rev. Stat. § 76-536 Legislative intent.
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It is the intent of the Legislature to safeguard the welfare and property of citizens of this state and to insure that abstracters serving the public meet minimum standards of proficiency and competency.
Neb. Rev. Stat. § 76-537 Terms, defined.
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As used in the Abstracters Act, unless the context otherwise requires: (1) Abstract of title means a compilation in orderly arrangement of the materials and facts of record affecting the title to real property, issued under a certificate certifying to the matters contained in suc…
Neb. Rev. Stat. § 76-538 Compliance with act.
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Any individual or business entity engaged in the business of abstracting in Nebraska shall comply with the Abstracters Act.
Neb. Rev. Stat. § 76-539 Business of abstracting; requirements.
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(1) An individual or business entity shall not engage in the business of abstracting in this state unless a certificate of authority has been issued to such individual or business entity. (2) Every individual or business entity engaged in the business of abstracting shall be or h…
Neb. Rev. Stat. § 76-540 Abstracters Board of Examiners; membership.
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There is hereby created an Abstracters Board of Examiners of five members to be appointed by the Governor to carry out the purposes of and enforce the Abstracters Act. The board shall include three members who shall at all times be active registered abstracters who have engaged i…
Neb. Rev. Stat. § 76-541 Board; officers; powers; seal; rules and regulations; conduct of business.
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The board shall organize by election of a chairperson and vice-chairperson. The board shall have the power to compel the attendance of witnesses, and the chairperson and vice-chairperson shall have the power to administer oaths. The board shall employ a director who shall keep a …
Neb. Rev. Stat. § 76-542 Registration; application; fee; qualifications; rules and regulations.
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Any individual desiring to become a registered abstracter shall file an application for registration with the board. Such applicant shall have reached the age of majority and shall not have been convicted of a felony. Each applicant for registration shall take the written examina…
Neb. Rev. Stat. § 76-543 Examination; certificate of registration; issuance; reapplication procedure.
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The board shall prescribe a written examination to determine the proficiency of the applicant. If the applicant passes the examination and meets the other requirements of section 76-542, the board shall issue a certificate of registration designating him or her to be a registered…
Neb. Rev. Stat. § 76-544 Professional development requirements; rules and regulations.
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Every two years a registered abstracter shall complete and certify to the board that he or she has successfully completed three hours of board-approved professional development credits. The board shall adopt and promulgate rules and regulations necessary for the effective deliver…
Neb. Rev. Stat. § 76-545 Business of abstracting; requirements; certificate of authority; authority; fee.
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Any individual or business entity desiring to engage in the business of abstracting in this state shall make application to the board for a certificate of authority. Such application shall be in a form prepared by the board and shall contain such information as may be necessary t…
Neb. Rev. Stat. § 76-546 Temporary certificate of registration; when issued; fee; expiration.
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The board may, upon application to it by (1) any individual succeeding to the ownership of any abstract business by any means other than by purchase or (2) any individual who, by reason of the incapacity of any registered abstracter owner of any abstract business, is required to …
Neb. Rev. Stat. § 76-547 Certificates; term; renewal; requirements; fees.
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(1) All certificates of authority issued pursuant to section 76-545 shall expire on April 1 of each even-numbered year irrespective of when issued. Such certificates shall be renewed, as provided in this section, for a two-year period upon payment of a renewal fee of not less tha…
Neb. Rev. Stat. § 76-548 Certificates; failure to renew; notice; late renewal; fee.
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If a holder of a certificate of authority or certificate of registration fails to apply for renewal and to pay the fee provided, the board shall send by registered or certified mail to such holder a notice that the certificate or certificates have expired and are no longer valid …
Neb. Rev. Stat. § 76-549 Abstracters Board of Examiners Cash Fund; created; investment; board members and director; compensation.
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(1) All fees collected pursuant to the Abstracters Act shall be deposited in the state treasury to be credited to the Abstracters Board of Examiners Cash Fund which is hereby created. All actual and necessary expenses of the board shall be paid from such fund. (2) No member of th…
Neb. Rev. Stat. § 76-550 Register and roster of applicants and abstracters.
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The board shall keep a register of the name of each applicant for certification, with his or her place of business and such other information as may be deemed appropriate, including a notation of the action taken by the board thereon, the date upon which the certificate of regist…
Neb. Rev. Stat. § 76-551 Disciplinary actions; grounds; unfair practices.
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The board shall have the power (1) to revoke a certificate of registration or certificate of authority, (2) to suspend a certificate of registration or certificate of authority for a specific period not to exceed a year, (3) to censure a registered abstracter or holder of a certi…
Neb. Rev. Stat. § 76-552 Disciplinary actions; procedure; appeal.
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A verified complaint may be filed with the board charging a registered abstracter or a holder of a certificate of authority with a violation of the Abstracters Act. The board on its own motion may also file such a complaint. If a complaint is filed, the board shall immediately no…
Neb. Rev. Stat. § 76-553 Attorney General; representation of board.
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The Attorney General shall render to the Abstracters Board of Examiners opinions on all questions of law relating to the interpretation of the Abstracters Act or arising in its administration and shall act as attorney for the board in all actions and proceedings brought by or aga…
Neb. Rev. Stat. § 76-554 Clerical assistants; not subject to act.
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Nothing in the Abstracters Act shall be construed as prohibiting any individual or business entity holding a valid certificate of authority from employing such clerical and stenographic assistants as may be necessary in the conduct of its business who are not registered under the…
Neb. Rev. Stat. § 76-555 Public records; access; other rights.
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Holders of certificates of authority and their employees in the conduct of the business of abstracting shall have access to the public records in any office of any city, county, or the state, shall be permitted to make memoranda, notations, or copies of such records, and shall be…
Neb. Rev. Stat. § 76-556 Abstracters; liability.
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A registered abstracter shall show each link in the chain of title, and failure to do so shall render him or her liable to any person injured by such omission. In adding extensions to an old abstract, a registered abstracter shall not be deemed to certify to or verify accuracy of…
Neb. Rev. Stat. § 76-557 Abstracts; effect of Title Standards.
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In the compilation or examination of an abstract of title to real estate, it shall not be considered negligence for a registered abstracter or an attorney to follow the Title Standards promulgated by the Nebraska State Bar Association.
Neb. Rev. Stat. § 76-558 Violations; penalty; effect.
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Any individual or business entity engaged in the business of abstracting in this state without having complied with the Abstracters Act shall be guilty of a Class III misdemeanor. Violation of the Abstracters Act shall in no way be construed to preclude the liability of a holder …
Neb. Rev. Stat. § 76-601 Act, how cited.
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Sections 76-601 to 76-607 shall be known and may be cited as the Carbon Monoxide Safety Act.
Neb. Rev. Stat. § 76-602 Terms, defined.
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For purposes of the Carbon Monoxide Safety Act: (1) Carbon monoxide alarm means a device that detects carbon monoxide and that: (a) Produces a distinct, audible alarm; (b) Is listed by a nationally recognized, independent product-safety testing and certification laboratory to con…
Neb. Rev. Stat. § 76-603 Carbon monoxide alarm; installation required.
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Any multifamily dwelling or single-family dwelling constructed on or after January 1, 2017, that has a fuel-fired heater or appliance, a fireplace, or an attached garage shall have a carbon monoxide alarm installed (1) on each habitable floor of each dwelling unit in a multifamil…
Neb. Rev. Stat. § 76-604 Seller of single-family dwelling; duties; interior alterations requiring permit; owner; duties.
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(1) The seller of a single-family dwelling that is offered for sale or transfer on or after January 1, 2017, and that has a fuel-fired heater or appliance, a fireplace, or an attached garage shall ensure that an operational carbon monoxide alarm is installed on each habitable flo…
Neb. Rev. Stat. § 76-605 Seller of multifamily dwelling; duties; interior alterations requiring permit; owner; duties; prohibited acts.
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(1) The seller of a dwelling unit of an existing multifamily dwelling shall ensure that an operational carbon monoxide alarm is installed on each habitable floor of the dwelling unit or in a location specified in any building code adopted by the state or by the political subdivis…