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Notice of Commencement Form - Lincoln County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 8/15/2019
Notice of Commencement Guide - Lincoln County
Line by line guide explaining every blank on the form.
Included document last updated 7/24/2019
Completed Example of the Notice of Commencement Document - Lincoln County
Example of a properly completed form for reference.
Included document last updated 8/12/2019
*The Following Nebraska and Lincoln County supplemental forms are included as a courtesy with your order.
Real Estate Transfer
Any grantee, or grantees authorized representative, who wishes to record a deed to real property must file Form 521. Land contracts, memoranda of contract, and death certificates being recorded pursuant to a transfer on death deed require a completed Form 521, which are not subject to the documentary stamp tax until the deed is presented for recording. Form 521 must be filed with the register of deeds when a deed, land contract, memorandum of contract, or a death certificate being recorded pursuant to a transfer on death deed is presented for recording.
Documentary Stamp Tax Exemption
All transfers of beneficial interest in or legal title to real property are subject to Documentary Stamp Tax based upon the value of the real estate transferred. The tax is due at the time the deed is offered for recording unless specifically exempt under one of the exemptions listed on this page.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
Construction liens are governed under the Nebraska Construction Lien Act, found at Sections 52-125 to 52-159 of the Nebraska Revised Statutes.
A notice of commencement is used by a property owner to put all other parties on notice than an improvement will be made to the owner's real property. Another (more important) purpose of the notice is to start the time within which construction liens can be claimed.
A notice of commencement must be signed by the contracting owner, be identified as a notice of commencement, and state: (a) The real estate being or intended to be improved or directly benefited, with a description thereof sufficient for identification; (b) The name and address of the contracting owner, his or her interest in the real estate, and the name and address of the fee simple title holder, if other than the contracting owner; and (c) That if, after the notice of commencement is recorded, a lien is recorded as to an improvement covered by the notice of commencement, the lien has priority from the time the notice of commencement is recorded. Neb. Rev. Stat. 52-145(1).
The notice of commencement may also define its duration, with a minimum limit of six months from the time of recording. Neb. Rev. Stat. 52-145(2). If no duration is stated, the duration of the notice is one year after the recording. Id.
The notice of commencement may state that it is limited to a particular improvement project, or portion thereof, on the real estate. Neb. Rev. Stat. 52-145(3). But the limitation is not effective unless the particular improvement, or portion thereof, to which it applies is stated with sufficient specificity that a claimant, by reasonable inquiry, can determine whether his or her contract is covered by the notice of commencement. Id.
A contracting owner may extend the duration of a notice of commencement by recording, prior to the stated or implied time limit, a continuation statement signed by him or her which refers to the record location and date of recording of the notice of commencement and states the date to which the notice of commencement's duration is extended. Neb. Rev. Stat. 52-145(4).
This article is offered for informational purposes only and is not legal advice. This information not be relied upon as a substitute for speaking with an attorney. Please speak with an attorney for questions regarding filing and recording a notice of commencement, or any other issues related to construction liens in Nebraska.
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