§ 52-146 — Termination of notice of commencement; procedure

Nebraska § 52-146

• Jurisdiction: Nebraska
• Ch. 52: Liens

Text

(1) A contracting owner may terminate a notice of commencement as to all or any identified portion of the real estate subject to the notice of commencement by:
(a) Recording a notice of termination denominated termination of notice of commencement and containing:
(i) The information required by subdivisions (1)(a) and (1)(b) of section 52-145 for a notice of commencement;
(ii) A reference to the recorded notice of commencement by its record location and a statement of its date of recording;
(iii) A statement of the date as of which the notice of commencement is terminated which date may not be earlier than thirty days after the notice of termination is recorded; and
(iv) If the notice of termination is to apply only to a portion of the real estate subject to the notice of commencement, a statement of that fact and a description of the portion of the real estate to which the notice of termination applies;
(b) Sending, at least three weeks before the effective date of the notice of termination, a copy of the notice of termination, showing the date it was recorded, to all claimants who have requested that the owner notify them of the recording of a notice of termination;
(c) Publishing a notice of the recording of the notice of termination, which notice must comply with the provisions of subsection (2) of this section and be published at least once a week for three consecutive weeks in a newspaper having general circulation in the county where the recording occurs, the last publication of which must be at least five days before the stated termination date; and
(d) Recording an affidavit stating that notice of the recorded notice of termination has been sent to all claimants who have requested notice and that publication has been made. The affidavit must state the newspaper and dates of publication and include a copy of the published notice.
(2) The published notice of the recording of the notice of termination must contain the information required for the notice of termination under subsection (1) of this section, a statement of the date on which the notice of termination was recorded, and a statement that all lien claims for which a notice of lien is not recorded by the termination date may be defeated by a transfer of the real estate.
(3) A purchaser, judgment creditor, or other person having a lien against the real estate may rely on the affidavit without obligation to inquire as to its accuracy, and is not prejudiced by its inaccuracy.

Legislative History

Source: Laws 1981, LB 512, § 22. Annotations: Nothing in the Nebraska Construction Lien Act prevents a contractor's lien from attaching to the real estate improved or directly benefited after a notice of commencement has lapsed, either by the running of its duration or its termination. Nore Electric v. S & H Holdings, 316 Neb. 197, 3 N.W.3d 895 (2024). The ability of the contracting owner's interest to be subject to future construction liens passes with a conveyance of the interest. The law serves as notice that such a lien may be filed. Nore Electric v. S & H Holdings, 316 Neb. 197, 3 N.W.3d 895 (2024).