Nebraska Real Estate Deeds

A deed embraces every instrument in writing by which any real estate or interest in real estate in Nebraska is created, assigned, alienated, mortgaged, or by which the title to any real estate may be affected in law or equity, except last wills and leases for one year or less (NRS 76-203). In Nebraska, the term "conveyance" refers to an act by which it is intended to create one or more property interests, irrespective of whether the act is effective to create such interests (76-101). Deeds and other instruments of conveyance must be in writing and must be signed by the grantor.

In Nebraska, any citizen who is of lawful age has the legal capability of owning and acquiring real property or interest in real property in the state. Some of the statutory specifics on who may convey property are listed as follows: A married person has the power to convey property directly to his or her spouse in the same manner and to the same extent as if he or she were unmarried. Property conveyed in this manner will be subject to the rights of the grantor as spouse of the grantee in the same manner and to the same extent as property otherwise acquired by the grantee (76-119). Further specifics include alien land ownership. Aliens and corporations that are not incorporated under the laws of Nebraska are prohibited from acquiring title to or taking or holding any land, real estate, or any leasehold interest extending for a period of five years or more or any other greater interest less than fee in any land, or real estate in the state by descent, devise, purchase, or otherwise (76-402). Any resident alien may acquire title to lands in this state by descent or devise only; however, such alien will be required to sell and convey said real property within five years from the date of acquiring it, and if he/she fails to dispose of it to a bona fide purchaser for value within that time, it will revert and escheat to the state of Nebraska (76-405).The statutory provisions relating to alien ownership of real property do not apply to any real estate lying within the corporate limits of cities and villages, or within three miles thereof, nor to any manufacturing or industrial establishment (76-414). Real property or interest in real property can be conveyed to an individual, to joint heirs, or to a corporation. The manner in which property is owned will determine the owner's rights in a conveyance of his/her real property.

Every real estate deed that has been proved or acknowledged in the manner prescribed by statute can be recorded in the office of the register of deeds in the county where the property is located. A deed must be signed by the grantor, who must be of lawful age, and the deed must also be acknowledged or proved and recorded (NRS 76-211). The acknowledgment on a real estate deed must comply with section 64-205 of the Nebraska Revised Statutes. Acknowledgments must be made or proved, if in Nebraska, before a judge or clerk of any court, United States Magistrate, or notary public, but no officer can take acknowledgement or proof out of his/her territorial jurisdiction (NRS 76-217). If instruments are executed and acknowledged or proved in another state, they must be executed and acknowledged or proved according to the laws of such state. Additional requirements will apply to the recordation of a deed, and may necessitate the need for additional forms to be submitted.

All deeds, mortgages, and other instruments of writing which are required to be recorded or which may be recorded under the laws of Nebraska, will take effect and be in force from and after the time such instruments are delivered to the register of deeds for recording, as to all creditors and subsequent purchasers in good faith and without notice. A deed, mortgage, or other instrument of writing is void as to all creditors and subsequent purchasers without notice whose deeds, mortgages, or other instruments are recorded prior to such instruments. However, an unrecorded instrument will be valid between the parties to the instrument (NRS 76-238).