Deeds of real estate, or any interest therein, in this state, except leases for one year or for a less time, if executed in this state, must be signed by the grantor or grantors, being of lawful age, and be acknowledged or proved and recorded as directed in sections 76-216 to 76-237.

Annotations

1. Delivery

2. Acknowledgment

3. Miscellaneous

1. Delivery

Delivery to third person with instructions not to record until death of grantor is held sufficient to pass title to property to grantees at date of such delivery, subject to their acceptance of same. Roepke v. Nutzmann, 95 Neb. 589, 146 N.W. 939 (1914).
Where husband and wife each execute deeds with directions to scrivener, in whose hands the deeds were deposited, not to deliver either deed except upon written order of the other, and upon death of either to place upon record the deed to the survivor, no present title passes by execution of either deed, but mutual contract may be enforced. Dunlap v. Marnell, 95 Neb. 535, 145 N.W. 1017 (1914).
If grantee is present and assents to delivery, title passes and act of grantor in obtaining possession of deed and destroying the same before it is recorded has no effect on title. Svanda v. Svanda, 86 Neb. 203, 125 N.W. 585 (1910).
Delivery is essential to render conveyance operative, but need not be delivered personally, and may be delivered to third person unconditionally for grantee. Brown v. Westerfield, 47 Neb. 399, 66 N.W. 439 (1896).

2. Acknowledgment

Acknowledgment is essential when conveying a homestead. In re Estate of West, 252 Neb. 166, 560 N.W.2d 810 (1997).
Election of surviving spouse to take under statute rather than under will must be acknowledged before a judge or clerk of court, or a notary. Billiter v. Parriott, 128 Neb. 238, 258 N.W. 395 (1935).
A homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both husband and wife. Storz v. Clarke, 117 Neb. 488, 221 N.W. 101 (1928).
Between parties, unacknowledged deed of real estate, not homestead, is good. Martin v. Martin, 76 Neb. 335, 107 N.W. 580 (1906); Harrison v. McWhirter, 12 Neb. 152, 10 N.W. 545 (1881).
Acknowledgment of mortgage by agent of mortgagee is valid. Gilbert v. Garber, 69 Neb. 419, 95 N.W. 1030 (1903).
Office of acknowledgment is to furnish authentic evidence that instrument has been duly executed and is entitled to be recorded. Fisk v. Osgood, 58 Neb. 486, 78 N.W. 924 (1899); Horbach v. Tyrrell, 48 Neb. 514, 67 N.W. 485 (1896).
Prior to September 7, 1947, United States Commissioner was unauthorized to take acknowledgments. Interstate S. & L. Assn. v. Strine, 58 Neb. 133, 78 N.W. 377 (1899).
Unacknowledged mortgage is valid between parties. Holmes v. Hull, 50 Neb. 656, 70 N.W. 241 (1897).
Acknowledgment is essential to convey homestead. Phillips v. Bishop, 31 Neb. 853, 48 N.W. 1106 (1891).
Acknowledgment in foreign state must satisfy laws of that state or this. Roode v. State, 5 Neb. 174 (1876).

3. Miscellaneous

Easements are interests in real estate, which, to constitute constructive notice to third parties, must be recorded under this section. Kimco Addition v. Lower Platte South N.R.D., 232 Neb. 289, 440 N.W.2d 456 (1989).
To be valid against subsequent purchasers, agreement creating lien on real estate must meet requirements of this section. Marechale v. Burr, 195 Neb. 306, 237 N.W.2d 860 (1976).

The use of private seals upon all deeds, mortgages, leases, bonds, and other instruments and contracts in writing, is abolished, and the addition of a private seal to any such instrument or contract in writing shall not affect its equity or legality in any respect.

Annotations

Since abolishment of private seals, all contracts are simple contracts. Montgomery v. Dresher, 90 Neb. 632, 134 N.W. 251 (1912).
Private seals do not affect the equity or legality of written instruments or contracts in this state. Fitzgerald v. Union Stock Yds. Co., 89 Neb. 393, 131 N.W. 612 (1911).
Abolishment of seals abolished their incidents, i.e., conclusive presumption of consideration. Luce v. Foster, 42 Neb. 818, 60 N.W. 1027 (1894); Richardson v. Woodruff, 20 Neb. 132, 29 N.W. 308 (1886).

All deeds, mortgages, or other instruments in writing, for the conveyance or encumbrance of real estate, or any interest therein, which have been made and executed without the use of a private seal are declared to be legal and valid in all courts of law and equity in this state and elsewhere.

(1) Except as provided in subsection (4) of this section, every grantee who has a deed to real estate recorded and every purchaser of real estate who has a memorandum of contract or land contract recorded shall, at the time such deed, memorandum of contract, or land contract is presented for recording, file with the register of deeds a completed statement as prescribed by the Tax Commissioner. For all deeds and all memoranda of contract and land contracts recorded on and after January 1, 2001, the statement shall not require the social security number of the grantee or purchaser or the federal employer identification number of the grantee or purchaser. This statement may require the recitation of any information contained in the deed, memorandum of contract, or land contract, the total consideration paid, the amount of the total consideration attributable to factors other than the purchase of the real estate itself, and other factors which may influence the transaction. If a death certificate is recorded as provided in subsection (2) of this section, this statement may require a date of death, the name of the decedent, and whether the title is affected as a result of a transfer on death deed, a joint tenancy deed, or the expiration of a life estate or by any other means. This statement shall ask whether the affidavit described in section 76-2,141 is required with respect to the deed, memorandum of contract, or land contract and, if so, whether such affidavit has been completed. This statement shall be signed and filed by the grantee, the purchaser, or his or her authorized agent. The register of deeds shall forward the statement to the county assessor. If the grantee or purchaser fails to furnish the prescribed statement, the register of deeds shall not record the deed, memorandum of contract, or land contract. The register of deeds shall indicate on the statement the book and page or computer system reference where the deed, memorandum of contract, or land contract is recorded and shall immediately forward the statement to the county assessor. The county assessor shall process the statement according to the instructions of the Property Tax Administrator and shall, pursuant to the rules and regulations of the Tax Commissioner, forward the statement to the Tax Commissioner.

(2)(a) The statement described in subsection (1) of this section shall be filed at the time that a certified or authenticated copy of the grantor's death certificate is filed if such death certificate is required to be filed under section 76-2,126 and the conveyance of real estate was pursuant to a transfer on death deed.

(b) The statement described in subsection (1) of this section shall not be required to be filed at the time that a transfer on death deed is filed or at the time that an instrument of revocation of a transfer on death deed as described in subdivision (a)(1)(B) of section 76-3413 is filed.

(3) Any person shall have access to the statements at the office of the Tax Commissioner, county assessor, or register of deeds if the statements are available and have not been disposed of pursuant to the records retention and disposition schedule as approved by the State Records Administrator.

(4) The statement described in subsection (1) of this section shall not be required if the document being recorded is an easement or an oil, gas, or mineral lease, or any subsequent assignment of an easement or such lease, except that such statement shall be required for conservation easements and preservation easements as such terms are defined in section 76-2,111 and recreational trail easements used to qualify for the property tax exemption provided by the Recreational Trail Easement Property Tax Exemption Act.

Source:Laws 1917, c. 224, § 1, p. 549; C.S.1922, § 5662; C.S.1929, § 76-268; R.S.1943, § 76-214; Laws 1965, c. 456, § 1, p. 1450; Laws 1965, c. 457, § 1, p. 1451; Laws 1981, LB 28, § 1; Laws 1981, LB 179, § 1; Laws 1984, LB 679, § 13; Laws 1985, LB 273, § 37; Laws 1986, LB 1027, § 200; Laws 1994, LB 902, § 13; Laws 1994, LB 1275, § 6; Laws 1995, LB 490, § 26; Laws 1995, LB 527, § 1; Laws 2000, LB 968, § 21; Laws 2007, LB334, § 12; Laws 2008, LB965, § 1; Laws 2009, LB348, § 1; Laws 2012, LB536, § 29; Laws 2014, LB780, § 1; Laws 2016, LB725, § 1; Laws 2017, LB535, § 2; Laws 2024, LB1120, § 2; Laws 2025, LB647, § 25.

Cross References

Recreational Trail Easement Property Tax Exemption Act, see section 77-213.
Violation of section, penalty, see section 76-215.

Annotations

The real property transactions eligible for inclusion in the sales file are those transactions for which the statement required by this section is filed. For those transactions initially eligible for inclusion in the sales file, the price to be included in the sales file is the total consideration paid as listed on the statement described in subsection (1) of this section. Shaul v. Lang, 263 Neb. 499, 640 N.W.2d 668 (2002).
Sales-assessment ratio study was made prior to 1965 amendment to this section. Brandeis Inv. Co. v. State Board of Equalization & Assessment, 181 Neb. 750, 150 N.W.2d 893 (1967).
Statement of consideration is prima facie evidence thereof but may be rebutted. Sampson v. Sissel, 151 Neb. 521, 38 N.W.2d 341 (1949).
Where space in deed for recital of consideration was left blank, it was a circumstance taken into consideration in determining question of estoppel. Storz v. Clarke, 117 Neb. 488, 221 N.W. 101 (1928).
Recitals of consideration in deeds are incompetent as evidence of value. State v. Wright, 105 Neb. 617, 181 N.W. 539 (1921).

Any person who fails to obey the provisions of subsection (1) of section 76-214 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten dollars nor exceeding five hundred dollars.

The grantor must acknowledge the instrument with an acknowledgment as defined in section 64-205.