Updated July 12, 2022
A Nebraska deed provides a legal method for the transfer of real estate in Nebraska. Deeds must include the names of the grantor (seller) and grantee (buyer) as well as the legal description of the property and the person to whom the deed should be returned after recording. In Nebraska, deeds are recorded with the Register of Deeds in the county where the property is located. When purchasing a property, it is important that a land record search be completed.
Laws – Chapter 76 (Real Property)
Real Estate Transfer Statement (Form 521) – For all deeds to be recorded in the State of Nebraska this document must be completed.
Recording (Neb. Rev. St. § 76-238) – All deeds are to be submitted in the Register of Deeds in the jurisdiction of the real estate location (See County List).
Signing (Neb. Rev. St. §§ 76-211, 76-216) – All deeds are to be signed with the acknowledgment of a Notary Public.
Types of Deeds
General Warranty – Used to transfer real estate from a grantor to a grantee with the grantor also providing a guarantee that he or she has clear title to the property and the legal authority to sell it.
Quit Claim – Used to convey property from a grantor to a grantee, but it comes with no guarantee that the grantor owns the property or has the legal authority to sell it.
Special Warranty – Similar to a warranty deed in that it comes with a guarantee from the seller to the buyer, however, the seller only warrants that he or she has not transferred any interest in the property while he or she owned it.
Survivorship – Used to transfer property upon the death of the grantor.
Nebraska Property Search
In order to ascertain whether or not the grantor has clear title to the property he or she is selling, it is important to have a title or property search completed. This involves researching the transfers involving the property going back 40-50 years. You would typically start by going back to the transfer of the property to the grantor and then the transfer of the property to the previous grantor, etc. Once you have gone back 50 years, you would start with the last grantee and search each transfer going forward until you reached the present. In this manner, you should be able to get a good read as to any outstanding issues with the property. In Nebraska, records are kept at the register of deeds in each county.
Step 1 – First go to the website of the county in which your property is located
- For this example we will be using Otoe County.
Step 2 – Find the link to the Register of Deeds.
Step 3 – Find the land records link:
Step 4 – Enter the name of the grantor in the space provided as the grantee and click search. You will be brought to a list of “hits”. Choose the one related to your property and proceed to search the previous grantees.