Nebraska Revised Statute 76-201

Chapter 76 Section 201

76-201.

Real estate, defined.

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.

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).