Chapter 76. Real Property
Index
- § 76-101. Terms, Defined
- § 76-102. Sections; Applicability to Corporations
- § 76-103. Sections; Property to Which Applicable
- § 76-104. Interest Transferred By Effective Conveyance; Fee Simple; Special Words Unnecessary
- § 76-105. Powers of Appointment, Sale, and Revocation; Effect
- § 76-106. Reservation of Property; Effect
- § 76-107. Future Interest; Conveyance Authorized; Exceptions; Limitations
- § 76-108. Future Interest; Subject to Claims of Creditors
- § 76-109. Property Not In Possession of Conveyor; Conveyance Effective
- § 76-110. Fee Simple Conditional and Fee Tail; Abolished; Effect of Use
- § 76-111. Definite Failure of Issue, Defined
- § 76-112. Life Interest With Limitation By Remainder to Heirs; Rule In Shelley's Case Abolished
- § 76-113. Conveyance to a Person and the Person's Children; Rule In Wild's Case Abolished
- § 76-114. Testamentary Conveyance to the Heirs Or Next of Kin of the Conveyor; Doctrine of Worthier Title Abolished
- § 76-115. Inter Vivos Conveyance to the Heirs Or Next of Kin of the Conveyor; Effect
- § 76-116. Future Interests; Indestructibility of Contingent Interests
- § 76-117. Cross Limitations; Creation By Implication
- § 76-118. Conveyances; Identity of Grantor and Grantee; Effect
- § 76-119. Conveyances Between Husband and Wife; Effect
- § 76-120. Waste; Damages Recoverable
- § 76-121. Sections; Interpretation
- § 76-122. Sections; Conveyances Not Affected
- § 76-123. Act, How Cited
- § 76-201. Real Estate, Defined
- § 76-202. Purchaser, Defined
- § 76-203. Deed, Defined
- § 76-204. Deed; Instrument Not Included
- § 76-205. Instruments; Construction; Intent of Parties; Duty of Courts
- § 76-206. Covenant For Title; Effective Words
- § 76-207. Covenants; Breach; Constructive Eviction; Acts Constituting
- § 76-208. Covenants For Title; Who May Enforce
- § 76-209. Deed; After-Acquired Interest; Effect
- § 76-210. Estates In Future; Recognized
- § 76-211. Deeds; Execution; Record
- § 76-212. Private Seals; Use Abolished
- § 76-213. Deeds and Other Instruments; Executed Without Seal; Validated
- § 76-214. Deed, Memorandum of Contract, Or Land Contract; Recorded; Tax Statement Required; Access
- § 76-215. Tax Statement; Failure to Furnish; Penalty
- § 76-216. Deeds; Acknowledgment Required
- § 76-217. Acknowledgment; Before Whom Taken In This State
- § 76-217.01. Acknowledgment; Defective Seal; Validity
- § 76-217.02. Transferred
- § 76-217.03. Transferred
- § 76-217.04. Transferred
- § 76-217.05. Transferred
- § 76-218. Acknowledgment and Recording of Instruments; Violations; Penalty
- § 76-219. Acknowledgment; Before Whom Taken In Any Other State Or Territory
- § �76-220 to 76-225. Repealed
- § 76-226. Deeds; Execution In Foreign Country; Laws Governing; Acknowledgment
- § 76-227. Acknowledgment Before Army Officers; Validity
- § 76-228. Proof In Lieu of Acknowledgment; When Authorized
- § 76-229. Proof In Lieu of Acknowledgment; Power of Officer to Subpoena Witnesses
- § 76-230. Proof In Lieu of Acknowledgment; Witness; Disobedience to Subpoena; Penalty
- § 76-231. Proof In Lieu of Acknowledgment; By Handwriting; When Authorized
- § 76-232. Proof In Lieu of Acknowledgment; Filing
- § 76-233. Proof In Lieu of Acknowledgment; Certificate of Officer
- § 76-234. Acknowledgment; Duty of Officer
- § 76-235. Deed; Receipt In Evidence; Recording; Proof
- § 76-236. Acknowledgment Or Certificate of Genuineness; Duty to Record; Failure; Effect
- § 76-237. Deeds; How Recorded; When Considered Recorded
- § 76-238. Deeds and Other Instruments; Recording; When Effective As Notice; Possession of Real Estate; Not Effective As Notice; When
- § 76-238.01. Mortgages; Interest In Real Estate Included; Debts that May Be Secured; Priority of Liens; Future Advances
- § 76-239. Mortgage Or Real Estate Contract; Record; Effect As Notice; When Expires; Extension; Exceptions
- § 76-239.01. Construction Finance; Proceeds to Apply Payment of Lawful Claims For Labor and Material Furnished; Duty of Contractor
- § 76-239.02. Contractor Receiving Loan Disbursement; Agent of Borrower; Exception
- § 76-239.03. Sections Shall Not Affect Validity of Mortgage Rights of Lender
- § 76-239.04. Acceptance of Proceeds Without Paying Lawful Claims Or Obtaining Lien Waiver; Prima Facie Evidence of Intent to Deprive Or Defraud
- § 76-239.05. Violations; Penalty
- § 76-239.06. Contractor, Defined
- § 76-240. Repealed
- § 76-241. Deeds and Other Instruments; When Not Lawfully Recorded
- § 76-242. Acknowledgment In Another State; Recording; What Constitutes Sufficient Authentication
- § 76-243. Deed; Record; Absence of Seal of Person Taking Acknowledgment; When Not Objectionable
- § 76-244. Lost Deed Or Instrument; How Proved
- § 76-245. Deeds and Other Instruments; Where Recorded
- § 76-246. Conveyances; Power of Attorney; How Revoked
- § 76-247. Conveyances; Power of Attorney; Copies, Penalty
- § 76-248. Wills; Recording; How, When, and Where Authorized
- § 76-249. Judgment In Partition; Decree In Equity; Recording; Effect
- § 76-250. Wills; Judgment In Partition; Decree In Equity; Recording; How Indexed
- § 76-251. Deed Intended As Mortgage; Recording; Effect
- § 76-252. Release of Mortgage; Required; When; Failure to Deliver; Effect; Damages
- § 76-253. Mortgage; Record; Certificate of Discharge Or Satisfaction
- § 76-254. Mortgage; Record; Certificate of Discharge Or Satisfaction; How Indexed
- § 76-255. Repealed
- § 76-256. Mortgage; Assignment; Recording Not Notice to Mortgagor
- § 76-257. Deeds and Other Instruments; Recording; Duty of Register of Deeds to Reference On Instrument
- § 76-258. Deeds and Other Instruments; Formal Defects; Recorded For More Than Ten Years; Validated
- § 76-259. Deeds and Other Instruments; Formal Defects; What Constitutes
- § 76-260. Deeds and Other Instruments; Recorded For More Than Ten Years; Effective As Notice Despite Formal Defects
- § 76-261. Repealed
- § 76-262. Repealed
- § 76-263. Repealed
- § 76-264. Deeds Executed In Another State; Omission of Private Seal, Validated
- § 76-265. Repealed
- § 76-266. Trust Deeds Executed Prior to 1917; Failure to Name Beneficiary and Record; Presumption of Authority of Trustee to Convey
- § 76-267. Trust Deeds Executed Prior to 1917; Failure to Record; Presumption of Authority of Trustee to Convey; Filing of Notice By Beneficiary; Effect
- § 76-268. Trust Deeds Executed After 1917; Failure to Name Beneficiary and Record; Presumption of Authority of Trustee to Convey; Filing of Notice By Beneficiary
- § 76-269. Instrument Recorded More Than Fifteen Years Without Contest; Validity
- § 76-269.01. Deed of Conveyance Executed By a Personal Representative; Validity
- § 76-270. Grantee Represented As Corporation; Conveyance More Than Ten Years From Recording; Validity
- § 76-270.01. Repealed
- § 76-271. Affidavits to Correct Defects; Recording; Effect
- § 76-272. Affidavits to Correct Defects; Validity
- § 76-273. Repealed
- § 76-274. Merger of Lien With Fee; When Presumed
- § 76-275. Merger of Lien With Fee; Subsequent Conveyance; Presumption; Action to Enforce Lien, When Barred
- § 76-275.01. Conveyance By Married Persons to Themselves Prior to August 24, 1941, As Joint Tenants; Validity
- § 76-275.02. Conveyance By Married Persons to Themselves Prior to August 24, 1941, As Joint Tenants; Limitation of Action
- § 76-275.03. Vacation of Street Or Alley For More Than Ten Years; Effect of Conveyance of Adjoining Platted Lots
- § 76-275.04. Recitals; Intent
- § 76-275.05. Recitals; Validity; Requirements
- § 76-275.06. Plat of City Or Village Lots; Validity
- § 76-275.07. Cotenancy; When Presumed
- § 76-276. Mortgages; Mortgagor Retains Legal Title, When; Security Interest In Rents; Effect
- § 76-277. Conveyances; Claims and Improvements Upon Public Lands; Law Applicable
- § 76-278. United States Patents and Certificates; Where Recorded
- § 76-279. Public Lands; Improvements; Conveyances; Effect
- § 76-280. Public Lands; Improvements; Contracts to Sell Authorized
- § 76-281. Patent Issued to Deceased Person; Effect
- § 76-282. Public Lands; Entry By Purchaser At Sale By County Court; Rights Under Patent Issued to Original Claimant
- § 76-283. Town Lots; Equitable Owners; Failure to Demand Deed Within Three Years; Effect
- § 76-284. Town Lots; Section, How Construed
- § 76-285. Public Lands; Occupation As Townsite; Entry, When Authorized
- § 76-286. Public Lands; Entry As Townsite; Deeds; to Whom Made
- § 76-287. Public Lands; Occupation As Townsite; Deeds Validated
- § 76-288. Marketable Record Title; Unbroken Chain of Title of Record Twenty-Two Years Or Longer; Exceptions
- § 76-289. Unbroken Chain of Title; Title Transaction; Defined
- § 76-290. Marketable Record Title; Claim; Limitation
- § 76-291. Claim; Notice; Who May File
- § 76-292. Claim; Requisites; Recorded
- § 76-293. Notices; Recording
- § 76-294. Possession; Proof By Affidavit; Recording
- § 76-295. Statutes of Limitations; Not Extended; Applicability of Sections
- § 76-296. Notices; Slander of Title; Damages
- § 76-297. Sections; How Construed
- § 76-298. Sections; Applicability
- § 76-299. Reverter Or Rights of Entry For Breach of Condition Subsequent; Not Alienable Or Devisable
- § 76-2,100. Reverter Or Rights of Entry; Termination of Trust; Succession
- § 76-2,101. Reverter Or Rights of Entry; Dissolution of Corporation; Ceases and Determines
- § 76-2,102. Reverter Or Rights of Entry; Limitation
- § 76-2,103. Reverter Or Rights of Entry; Commencement of Action For Breach; Limitation
- § 76-2,104. Reverter Or Rights of Entry; Other Rights; Sections; Applicability
- § 76-2,105. Reverter Or Rights of Entry; Sections; Severability
- § 76-2,106. Terms, Defined
- § 76-2,107. Dual Contracts; Substituting One Instrument For Another; Fraudulent Instrument; Unlawful
- § 76-2,108. Violations; Penalty
- § 76-2,109. Joint Tenancy; No Severance of Real Estate; Exception
- § 76-2,110. Instruments to Subdivide Real Estate; Defective; Validation; Procedure
- § 76-2,111. Terms, Defined
- § 76-2,112. Easement; Creation; Approval By Governing Body; When Required
- § 76-2,113. Easement; Release Or Transfer
- § 76-2,114. Easement; Judicial Modification Or Termination
- § 76-2,115. Easement; .'cmc Enforceability; Duration
- § 76-2,116. Property Subject to Easement; How Assessed
- § 76-2,117. Sections; Effect On Other Rights and Powers
- § 76-2,118. Act, How Cited
- § 76-2,119. Notation On Deed; Required
- § 76-2,120. Written Disclosure Statement Required, When; Contents; Delivery; Liability; Noncompliance; Effect; State Real Estate Commission; Rules and Regulations
- § 76-2,121. Real Estate Closing Agents; Terms, Defined
- § 76-2,122. Real Estate Closing Agents; Requirements; Exemptions; Enforcement; Violation; Penalty
- § 76-2,123. Real Estate Closing Agents; Regulating Entities; Rules and Regulations
- § 76-2,124. Water Resources Update Notice; Department of Natural Resources; Powers and Duties
- § 76-2,125. Master Form Instrument; Use
- § 76-301. Occupant Or Claimant; Eviction By Holder of Better Title; Reimbursement For Improvements and Taxes Paid
- § 76-302. Occupant Or Claimant, Defined; Taxes Paid, How Proved
- § 76-303. Appraisers; Oath; Compensation
- § 76-304. Appraisers; Powers and Duties
- § 76-305. Appraisers; Report; Objections; Reappraisal
- § 76-306. Decree of Eviction; Judgment For Amount Due Claimant
- § 76-307. Decree of Eviction; Rights of Better Title Holder
- § 76-308. Writ of Possession; Issuance; When
- § 76-309. Election By Better Title Holder to Accept Value of Unimproved Land; Neglect Or Refusal to Pay; Effect
- § 76-310. Failure of Better Title Holder to Make Election; Right of Occupant
- § 76-311. Demand For Reimbursement, When Allowed; Scope of Sections
- § 76-401. Escheats; When Title Vests In State
- § 76-402. Aliens and Foreign Corporations; Real Estate; Ownership Prohibited
- § 76-403. Widow Or Heirs of Aliens; Right to Land
- § 76-404. Oil and Gas Leases Permitted
- § 76-405. Land Acquired By Devise Or Descent; Sale Within Five Years Required
- § 76-406. Corporations; Board of Directors; Election of Aliens; Restrictions
- § 76-407. Corporations; Violations; Penalties
- § 76-408. Forfeiture of Land; Duty of County Attorney to Enforce; Procedure; Costs
- § 76-409. Forfeiture of Land; Sale At Request of Heirs; Title of Purchaser
- § 76-410. Owners of Land In 1889; Sale During Lifetime Required
- § 76-411. Liens Upon Real Estate; Acquisition of Such Real Estate; Duty to Sell Within Ten Years
- § 76-412. Sections; Not Applicable to Real Estate of Railroads, Public Utilities, and Common Carriers
- § 76-413. Sections; Not Applicable to Manufacturing Or Industrial Establishments Or Establishments For Storage, Sale, and Distribution of Petroleum Products
- § 76-414. Sections; Not Applicable to Real Estate Within Cities and Villages Or Within Three Miles of Cities and Villages; Not Applicable to Manufacturing Or Industrial Establishments
- § 76-415. Sections; Not Applicable to Real Estate Acquired By Aliens Before 1889
- § 76-501. Repealed
- § 76-502. Abstracting; District Or County Judges Ineligible
- § 76-503. Repealed
- § 76-504. Abstracting; Counties Over 5,000 Population; County Officers Ineligible; Exception
- § 76-505. Violations; Penalty
- § 76-506. Repealed
- § 76-507. Repealed
- § 76-508. Repealed
- § 76-509. Transferred
- § 76-510. Transferred
- § 76-511. Transferred
- § 76-512. Transferred
- § 76-513. Transferred
- § 76-514. Transferred
- § 76-515. Transferred
- § 76-516. Repealed
- § 76-517. Repealed
- § 76-518. Transferred
- § 76-519. Transferred
- § 76-520. Repealed
- § 76-521. Transferred
- § 76-522. Transferred
- § 76-523. Transferred
- § 76-524. Transferred
- § 76-525. Transferred
- § 76-526. Transferred
- § 76-527. Transferred
- § 76-528. Transferred
- § 76-529. Transferred
- § 76-530. Transferred
- § 76-531. Repealed
- § 76-532. Transferred
- § 76-533. Repealed
- § 76-534. Repealed
- § 76-535. Act, How Cited
- § 76-536. Legislative Intent
- § 76-537. Terms, Defined
- § 76-538. Compliance With Act
- § 76-539. Business of Abstracting; Requirements
- § 76-540. Abstracters Board of Examiners; Membership
- § 76-541. Board; Officers; Powers; Seal; Rules and Regulations; Conduct of Business
- § 76-542. Registration; Application; Fee; Qualifications; Rules and Regulations
- § 76-543. Examination; Certificate of Registration; Issuance; Reapplication Procedure
- § 76-544. Professional Development Requirements; Rules and Regulations
- § 76-545. Business of Abstracting; Requirements; Certificate of Authority; Authority; Fee
- § 76-546. Temporary Certificate of Registration; When Issued; Fee; Expiration
- § 76-547. Certificates; Term; Renewal; Requirements; Fees
- § 76-548. Certificates; Failure to Renew; Notice; Late Renewal; Fee
- § 76-549. Abstracters Board of Examiners Cash Fund; Created; Board Members and Director; Compensation
- § 76-550. Register and Roster of Applicants and Abstracters
- § 76-551. Disciplinary Actions; Grounds; Unfair Practices
- § 76-552. Disciplinary Actions; Procedure; Appeal
- § 76-553. Attorney General; Representation of Board
- § 76-554. Clerical Assistants; Not Subject to Act
- § 76-555. Public Records; Access; Other Rights
- § 76-556. Abstracters; Liability
- § 76-557. Abstracts; Effect of Title Standards
- § 76-558. Violations; Penalty; Effect
- § �76-601 to 76-644. Repealed
- § 76-701. Terms, Defined
- § 76-702. Condemner; Enter Upon Land; Inventory; Furnish to Condemnee
- § 76-703. Damages; Ascertainment; Procedure
- § 76-704. Petition of Condemner
- § 76-704.01. Petition of Condemner; Contents
- § 76-705. Acquisition of Property; Damages; Petition of Condemnee
- § 76-706. Appointment of Appraisers; Qualifications; Notice to Condemnee
- § 76-707. Appraisers; Disqualifications; Vacancies; Appointment
- § 76-708. Appraisers; Oath
- § 76-709. Appraisers; Duties
- § 76-710. Appraisers; Assessment of Damages; Additional Damages; Copy of Report to Condemnee; Failure to Transmit; Effect
- § 76-710.01. Damages; Effect of Reimbursement By Federal Government; Severance Damages; Other Considerations
- § 76-710.02. Land Situated In Irrigation District; Damages Payable to District
- § 76-710.03. Land Devoted to Agricultural Purposes; Acquisition to Construct Power Transmission Lines; Route Selected
- § 76-711. Condemner; Interest In Property; Deposit of Awards; Abandonment; Appeal; Interest; Writ of Assistance; Removal of Property; Liability
- § 76-712. Condemnation Award; Certification; Filing; State Or Federal-Aid Highways; Failure to Make Deposit Within Sixty Days; Effect
- § 76-713. Condemnation Award; Recording; Effect
- § 76-714. Condemnation; Interest Acquired; When Effective
- § 76-715. Assessment of Damages; Appeal; Procedure
- § 76-715.01. Assessment of Damages; Appeal Notice; Contents; Filing
- § 76-716. Appeal; Bond; Conditions
- § 76-717. Appeal; Transcript; Fees; Docketing; Delay In Acquisition of Property; Deposit of Award, Effect
- § 76-717.01. Repealed
- § 76-718. Judgment On Appeal; Certified Copy Sent to County Judge
- § 76-719. Appeal From District Court; Procedure; Money On Deposit; Disposition
- § 76-719.01. Deposit of Award; Payment of Amount to Condemnee; Remainder; How Treated; Waiver of Appeal, Effect; Judgment Against Condemnee For Overpayment; Interest
- § 76-720. Appeal; Fees and Costs; Payment
- § 76-720.01. Appeal; Allowance of Fees and Costs; Applicable to Pending Cases
- § 76-721. Joinder of Causes of Action On Appeal
- § 76-722. Repealed
- § 76-723. Appraisers; Fees; Appeal; Costs; Mileage
- § 76-724. Property of Minor, Mentally Incompetent Person, Married Person Whose Spouse Is Under Guardianship Or Conservatorship; Authority of Guardian Or Conservator
- § 76-725. State; Lands Necessary For State Use; Right of Eminent Domain; Procedure
- § 76-726. Costs, Expenses, Fees; Awarded; When
- § 76-801. Act, How Cited
- § 76-802. Terms, Defined
- § 76-803. Condominium Property Regime; Established
- § 76-804. Condominium Property Regime; Effect of Establishment
- § 76-805. Apartment; Form of Ownership
- § 76-806. Apartment; Ownership Rights; Value; Computation
- § 76-807. Common Elements; Not Subject to Partition Or Liens; Treatment; Rules Against Perpetuities and Unreasonable Restraints On Alienation; Not Applicable
- § 76-808. Co-Owner; Use of Common Elements
- § 76-809. Master Deed; Contents; Execution; Recording
- § 76-810. Master Deed; Plans Attached; Boundaries
- § 76-811. Apartments; Conveyance; Legal Description
- § 76-812. Disposition of Property; Vote of Co-Owners Required; Effect
- § 76-812.01. Condominium Property; Divided; Added To; Deleted; Procedure; Recomputed Basic Value
- § 76-813. Merger; No Bar to Subsequent Constitution Into Another Condominium Property
- § 76-814. Administration; Bylaws; Attach to Deed
- § 76-815. Bylaws; Contents
- § 76-816. Board of Administrators; Records; Examination