76-201 Real estate, defined. - Nebraska Statutes

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76-201. Real estate, defined.The term real estate, as used in sections 76-201 to 76-281, 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. SourceR.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.AnnotationsSchool 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).

State Codes and Statutes

Statutes > Nebraska > Chapter76 > 76-201

76-201. Real estate, defined.The term real estate, as used in sections 76-201 to 76-281, 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. SourceR.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.AnnotationsSchool 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).

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State Codes and Statutes

Statutes > Nebraska > Chapter76 > 76-201

76-201. Real estate, defined.The term real estate, as used in sections 76-201 to 76-281, 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. SourceR.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.AnnotationsSchool 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).