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Nebraska real estate conveyances are governed primarily by Chapter 76 of the Nebraska Revised Statutes. Nebraska imposes specific restrictions on alien ownership of land, making this a defining feature of its property law framework.

Alien Land Restrictions

Aliens and corporations not incorporated under Nebraska law are generally prohibited from acquiring or holding title to land or long-term leasehold interests in Nebraska (Neb. Rev. Stat. § 76-402). A resident alien may acquire title by descent or devise but must dispose of the property within five years, or the property may escheat to the State of Nebraska (§ 76-405). These restrictions do not apply to real estate located within city or village limits, within three miles thereof, or to certain industrial or manufacturing property (§ 76-414).

Form and Scope of Conveyance

A deed in Nebraska embraces nearly every written instrument by which real estate or any interest in real estate is created, assigned, alienated, or mortgaged, except wills and leases of one year or less (Neb. Rev. Stat. § 76-203). The term “conveyance” includes any act intended to create property interests, whether or not ultimately effective (§ 76-101).

Deeds and other conveyances must be in writing and signed by the grantor. Popular forms include warranty deeds and quitclaim deeds.

Spousal and Ownership Rules

A married person may convey property directly to his or her spouse as though unmarried, though the conveyed property remains subject to spousal rights as defined by law (§ 76-119). Real property may be conveyed to individuals, joint owners, or corporations. The manner in which title is held determines the legal effect of the conveyance.

Execution and Acknowledgment

To be recorded, a deed must be signed by the grantor, who must be of lawful age, and must be acknowledged or proved in accordance with statutory requirements (§ 76-211). Acknowledgments must comply with Nebraska’s notarial statutes (§ 64-205).

Within Nebraska, acknowledgments may be taken before a judge, clerk of court, United States magistrate, or notary public, but officers may not act outside their territorial jurisdiction (§ 76-217). Instruments executed outside Nebraska are recordable if acknowledged in accordance with the laws of the state where executed.

Recording and Priority

Deeds must be recorded in the office of the Register of Deeds in the county where the property is located.

Nebraska follows a notice recording system. A recorded instrument takes effect from the time it is delivered to the Register of Deeds for recording, as to creditors and subsequent purchasers in good faith and without notice (§ 76-238). An unrecorded instrument is valid between the parties but is void as to later purchasers or creditors without notice whose instruments are recorded first.

Because Nebraska imposes specific alien land restrictions, territorial acknowledgment limits, and strict recording priority rules, careful drafting and prompt filing with the county Register of Deeds are essential to protect ownership rights.