§ 76-104 — Interest transferred by effective conveyance; fee simple; special words unnecessary

Nebraska § 76-104

• Jurisdiction: Nebraska
• Ch. 76: Real Property

Text

An otherwise effective conveyance of property transfers the entire interest which the conveyor has and has the power to convey, unless an intent to transfer a less interest is effectively manifested. No words of inheritance or other special words are necessary to transfer a fee simple.

Legislative History

Source: Laws 1941, c. 153, § 4, p. 595; C.S.Supp.,1941, § 76-1004; R.S.1943, § 76-104. Annotations: The omission of words of inheritance is of no consequence when determining if a document conveys an easement appurtenant by reason of this section. Spilker v. First Nat. Bank & Trust Co., 211 Neb. 540, 319 N.W.2d 429 (1982). Purpose clause, of and by itself, does not operate to limit the estate granted by a deed. Sun Oil Co. v. Emery, 183 Neb. 793, 164 N.W.2d 644 (1971). Conveyance by deed to city for use and benefit of citizens of the city operated to convey fee simple title. City of Gering v. Jones, 175 Neb. 626, 122 N.W.2d 503 (1963). Deed to State of Nebraska for highway purposes conveyed all interest of grantors. Rumbel v. Ress, 166 Neb. 839, 91 N.W.2d 36 (1958). Act was enacted to modify and eliminate common law technicalities and exactions. Gettel v. Hester, 165 Neb. 573, 86 N.W.2d 613 (1957). Deed executed by mortgagee in possession passed all interest of grantor in mortgage indebtedness. Campbell v. Ohio National Life Ins. Co., 161 Neb. 653, 74 N.W.2d 546 (1956).