Nebraska Granting Clause, also known as the "Nebraska Warranty Deed Clause," is a specific provision included in a warranty deed document used in real estate transactions. This clause outlines the critical details and rights associated with transferring ownership of a property from the granter (seller) to the grantee (buyer) in the state of Nebraska, United States. The clauses usually contain essential language ensuring the transfer of title is lawful and secure. The Nebraska Granting Clause typically includes keywords such as "conveyance," "grant," "bargain," and "sell." This clause assures the buyer that the seller has valid ownership rights and possesses the authority to transfer said rights to the new owner. Additionally, it guarantees that the property is free from any encumbrances or liens, barring those specifically mentioned in the deed. In Nebraska, there are primarily three different types of Granting Clauses: 1. General Warranty Deed: The General Warranty Deed is the most comprehensive form of the Nebraska Granting Clause. It guarantees the grantee that the title is free from any defects or encumbrances, regardless of when they occurred. This type of deed offers the highest level of protection to the buyer. 2. Special Warranty Deed: The Special Warranty Deed, also known as the Limited Warranty Deed, imposes limitations on the warranty provided by the granter. It assures the grantee that the title is free from any defects or encumbrances during the time the granter owned the property, but not before. This means that the granter does not take responsibility for any issues that may have existed before their ownership. 3. Quitclaim Deed: The Nebraska Quitclaim Deed, though not technically a Granting Clause, is often used to transfer ownership without providing any guarantees. With this type of deed, the granter provides no warranties or assurances regarding their ownership rights. It merely transfers whatever interest or claim they may have, if any, to the grantee. A Quitclaim Deed is typically used in situations where the transfer of ownership is between family members, divorcing spouses, or in other non-sale scenarios. In conclusion, the Nebraska Granting Clause is a vital component of a warranty deed used in real estate transactions within the state. It serves to legally transfer ownership rights while assuring the buyer of a clear and unencumbered title. Depending on the specific circumstances and level of protection desired, the Granting Clause may be in the form of a General Warranty Deed, Special Warranty Deed, or a Quitclaim Deed.
Nebraska Granting Clause
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