Neb. Rev. Stat. §§ 76-207

Current with changes through the 2024 First Special Legislative Session

Section 76-207 - Covenants; breach; constructive eviction; acts constituting

Covenants of quiet enjoyment and covenants of warranty in conveyances of real property may be breached by an eviction, actual or constructive, by reason of the hostile assertion of a paramount title holder. A constructive eviction occurs in the following situations:

(1) Where the covenantee is kept out of possession by the paramount title holder;

(2) where the covenantee surrenders possession to the paramount title holder; and

(3) where the covenantee in order to retain possession is forced to and buys off the paramount title holder.

Neb. Rev. Stat. §§ 76-207

Laws 1923, c. 111, § 2, p. 269; C.S.1929, § 76-111; R.S.1943, § 76-207.