§ 76-211 — Deeds; execution; record

Nebraska § 76-211

• Jurisdiction: Nebraska
• Ch. 76: Real Property

Text

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 .

Legislative History

Source: R.S.1866, c. 43, § 1, p. 280; Laws 1887, c. 61, § 1, p. 561; R.S.1913, § 6196; C.S.1922, § 5595; C.S.1929, § 76-201; Laws 1939, c. 96, § 1, p. 416; C.S.Supp.,1941, § 76-201; R.S.1943, § 76-211. 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).