§ 76-106 — Reservation of property; effect

An otherwise effective reservation of property by the conveyor reserves the interest the conveyor had prior to the conveyance unless an intent to reserve a different interest is effectively manifested.

Legislative History

Source: Laws 1941, c. 153, § 6, p. 595; C.S.Supp.,1941, § 76-1006; R.S.1943, § 76-106. Annotations: This section eliminates common-law technicalities and exactions regarding the language used to make a reservation in a deed; whether a provision is a reservation does not depend upon the use of a particular word but upon the character and effect of the provision itself. Walters v. Sporer, 298 Neb. 536, 905 N.W.2d 70 (2017). Assignment of a vendee's vested equitable interest in land, acquired by land contract, creates a privity of estate between the assignee and the original vendor, but not a privity of contract between them. Beren Corp. v. Spader, 198 Neb. 677, 255 N.W.2d 247 (1977). Extent of reservation of mineral rights was obscure and ambiguous, and required construction of deed. Gettel v. Hester, 165 Neb. 573, 86 N.W.2d 613 (1957). Interest in oil and gas rights was reserved. Elrod v. Heirs of Gifford, 156 Neb. 269, 55 N.W.2d 673 (1952).