Updated on July 17th, 2022
A Nebraska general warranty deed, also referred to as a “warranty deed,” conveys property ownership to a buyer (grantee) with a promise that the seller (grantor) owns the real estate and that the property title is unencumbered. The deed’s warranties protect the buyer from liability against title defects, such as easements and mechanic’s liens. If the buyer discovers title defects following their purchase, they could sue the seller for a breach of warranty. Likewise, if a third party claims ownership of the conveyed real estate, the seller would be obligated to defend the title. The deed becomes effective once signed by the grantor, notarized, and recorded with the county Register of Deeds.
- Statutes: Chapter 76 (Real Property)
- Formatting: § 23-1503.01
- Signing Requirements (§ 76-211): Notary Public
- Where to Record: Register of Deeds
- Recording Fees (§ 33-109): $10 for the first page + $6 for each additional page
- Documentary Stamp Tax (REG-52-001 thru REG-52-012): Unless exempt, this tax is owed when a deed is recorded.
- Certificate of Exemption: The grantor may use this form to obtain a documentary stamp tax exemption.
- Real Estate Transfer Statement: The grantee must file this form upon recording a deed.
- Property Condition Disclosure Statement (§ 76 2,120(2)): Discloses the material condition of the grantor’s property (must be provided to the grantee if purchasing residential real estate).
- Sanitary Improvement District Acknowledgment (§ 31-727.03(2)): Prospective buyers must sign this acknowledgment document if purchasing real estate located within a sanitary improvement district.