Real Estate Law in Nebraska
What Is Real Estate Law?
Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home.
Whether or not you are a property owner or tenant, you have rights under Nebraska real estate law. Not all residential and commercial real estate transactions execute perfectly. Sometimes unexpected issues can occur such as property rights, access, liabilities, and more. Furthermore, legal matters involving real estate transactions are often complex and are not just limited to the property owners.
Types of Real Estate Law Disputes
Disputes involving real estate in Nebraska are very common and some of them are quite complex. They often require the intervention of the courts. Typically courts are seen as the most biased party. Learn more about the different types of real estate disputes below.
Escrow Deposit
If you decide to purchase any Nebraska property, there are certain steps anyone who is involved must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.
Easement Real Estate Dispute
Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Nebraska property deeds.
For example, a neighbor may feel they have the right to access a portion of your property because a previous owner allowed them to for years. One step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.
Landlord/Tenant
Disputes often arise when Nebraska landlords and tenants cannot agree on repairs, rent arrears, and more. Tenant and landlord laws are very complex and failure to adhere to them can cause either party to violate the rights of the other.
Under the Nebraska Residential Landlord Tenant Act, a landlord cannot demand a security deposit over one month’s rent. Upon termination of the tenancy, money held by the landlord as security may apply to the payment of rent and any damages which the landlord has suffered. Any money remaining and a written itemization must be mailed to the tenant within 14 days after the date of termination of the tenancy.
Contract Breaches
In , every real estate transaction requires an enforceable contract to be valid. However, not all contracts meet the necessary legal standards, as the requirements for a valid real estate agreement can differ depending on state laws.
Contracts that lack essential details or include vague or confusing language are often at the center of disputes between buyers and sellers. These issues can arise when one party breaches the agreement, leading to costly complications. To protect your interests, always ensure you have a well-drafted, mutually beneficial contract before entering any real estate transaction in .
Fraud/Omissions
Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with Nebraska real estate lawyers to straighten things out.
Under Nebraska Statute, you can bring an action for fraud involving real estate within four years from the discovery of the fraud. When an action commences more than four years after the fraudulent acts occur, the plaintiff must prove that fraud was not discovered until within the statutory period. Furthermore, the Nebraska Statute dictates that anyone who sells or disposes of property without the written consent of the owner is guilty of a Class IV felony. If you are guilty of a Class IV felony you may face up to 2 years in prison. Also, up to a $10,000 fine.
Boundary Lines
Property line disagreements usually occur when adjoining Nebraska property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors.
Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some Nebraska property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.
Ownership
Determining the rightful owner of a property in Nebraska is not always easy. For instance, ownership issues are common when an owner verbally transfers ownership without documentation. Or, when someone bequeaths their real estate to another without going through the proper process. There can also be other parties with ownership rights, such as certain lien holders.
Liens
Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be clear before you can secure a mortgage or financing.
Under Nebraska law, a property lien can be used to collect a court judgment of money damages. Specifically, a judgment lien gives the creditor the right to be paid the awarded monetary sum from proceeds from the sale of the debtor’s property. Such a lien will remain on the debtor’s property for at least five years.
What Should You Do If You Are in a Real Estate Dispute in Nebraska?
If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, it’s best to speak with an experienced Nebraska real estate lawyer. Regardless of the issues you are facing, you can benefit from having legal guidance.
Learn About Real Estate Law
Nebraska real estate law is quite complex. You need to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.
Work With an Experienced Real Estate Attorney in Nebraska
Real estate disputes make up the majority of litigation cases. Still, not all issues require you to go to trial. You should work with Nebraska lawyers that have the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.
Get the legal help you need now. We help Nebraska landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Nebraska state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
Your attorney will draft a formal letter addressed to your neighbor, clearly outlining the property dispute. This letter may propose specific actions to resolve the issue or offer a fair settlement amount to avoid escalating the matter to court.
It’s likely your neighbor will pass this letter along to their attorney for review and guidance. At that point, both attorneys can assess the situation and determine the most effective path forward to address and resolve the boundary dispute.
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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