Nebraska Revised Statute 76-106

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Chapter 76

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.

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).