Real property can be transferred from one party to another by executing a grant deed. Nebraska's statutory grant deed includes a covenant that the grantor has good title to the estate in quantity and quality which he purports to convey (Neb. Rev. Stat. 76-206).

A lawful grant deed includes the grantor's full name, mailing address, and marital status, and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership.

For Nebraska residential property, the primary methods for holding title are tenancy in common and joint tenancy. A grant of ownership of real estate to two or more persons is presumed to create a tenancy in common, unless a joint tenancy is expressly stated (Neb. Rev. Stat. 76-118).

As with any conveyance of realty, a grant deed requires a complete legal description of the parcel. Recite the prior deed reference to maintain a clear chain of title, detail any restrictions associated with the property, and indicate whether the property is a homestead. The deed must meet all state and local standards of form and content for recorded documents.

Sign the deed in the presence of a notary public or other authorized official. Note that if the owner is married, both spouses must sign the form to release any potential marital rights to the land. For a valid transfer, file the deed at the recording office in the county where the property is located. Contact the same office to confirm accepted forms of payment.

All transfers of real property are subject to a documentary stamp tax. The tax is due at the time of recording. If the transfer is exempt under Neb. Rev. Stat. 76-902, note the reason on the face of the deed and fill out a certificate of exemption.

This article is provided for informational purposes only and is not a substitute for legal advice. Contact an attorney with questions about grant deeds, or for any other issues related to transfers of real property in Nebraska.

(Nebraska Grant Deed Package includes form, guidelines, and completed example)

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