§ 76-201 — Real estate, defined

Nebraska § 76-201

• Jurisdiction: Nebraska
• Ch. 76: Real Property

Text

For
purposes of sections 76-201 to 76-281 and 76-2,126 , the term real estate shall be construed as coextensive
in meaning with lands, tenements, and
hereditaments, and as embracing all chattels real, except leases for a term
not exceeding one year.

Legislative History

Source: R.S.1866, c. 43, § 49, p. 290; R.S.1913, § 6187; C.S.1922, § 5586; C.S.1929, § 76-101; R.S.1943, § 76-201; Laws 2012, LB536, § 26. Annotations: School land leases are chattels real. Beltner v. Carlson, 153 Neb. 797, 46 N.W.2d 153 (1951). Wife's homestead right in lands owned by husband occupied by family is real estate. Mead v. Polly, 119 Neb. 206, 228 N.W. 369 (1929). Lease for ninety-nine years is a chattel real and therefore real estate. Lindburg v. Bennett, 117 Neb. 66, 219 N.W. 851 (1928). Grain elevator erected on leasehold with privilege of removal is real estate so as to make amount of insurance in policy conclusive value thereof. Calnon v. Fidelity-Phenix Fire Ins. Co., 114 Neb. 194, 206 N.W. 765 (1925). Term real estate includes lease for purpose of removing minerals. Fawn Lake Ranch Co. v. Cumbow, 102 Neb. 288, 167 N.W. 75 (1918). A 99-year leasehold is not real estate, but is personal property and passes to residuary heirs. In re Estate of Smatlan, 1 Neb. App. 295, 501 N.W.2d 718 (1992). An oil lease is a chattel real. Shoaff v. Gage, 163 F.Supp. 179 (D. Neb. 1958).