How to Access Property Records in Nebraska

What Information Can You Find in Nebraska Property Records?

A property history search can reveal a lot of information. It's surprising how much information is contained in public property records. When searching, obtain as many as possible to see the whole picture.

Some of the things that a property history search may reveal include:

Deeds and Conveyance Records

Deeds are very common records, and most people have heard of them. Deeds transfer ownership of property and include restrictions, easements, and covenants. They also verify ownership of property if it comes into question.

All parties must sign deeds, and a notary must witness them. Some of the information contained in deeds includes:

• Name of the Seller/Grantor and Buyer/Grantee.
• A detailed description of the property.
• Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
• Conveyance language explaining the ownership transfer from one person or entity to another.
• Notarization and execution are at the bottom, where everyone signs to make it legal.

Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.

Property Tax Records

Anyone who owns property in Nebraska must pay annual taxes on it. The local county tax assessor determines your tax rate, and the tax collector bills you each year. If you fail to pay your taxes, the county can place a lien on the property and eventually foreclose and sell it at auction.

Nebraska is a high-tax state, with an average effective property tax rate of 1.61%, which can rise to as high as 2% in some locations. Property taxes vary by county, but Nebraska is known as one of the ten costliest places to live in America.

Nebraska property tax records contain the following:

• Property Information - The assessor will include a property description with details such as the address and plot number.
• Assessment and Taxable Value - The record will outline the assessed and taxable values after applying for exemptions.
• Tax Rate or Levies - The document would show the tax rate for each local area.
• Exemptions - The document will list any exemptions applying to the property.

Building Permits and Regulations in Nebraska

If you need a building permit to add to your home, demolish a building, or build something new, you must apply for a license with the town or city building department before beginning work.

Property Liens and Encumbrances in Nebraska

Encumbrances like liens are public property records that anyone can view online. If there are too many, they can negatively affect a property and its owner's reputation and lead to foreclosure. There are two main types of liens: voluntary and involuntary.

Voluntary Liens

Voluntary liens are those that you choose. You use your home as collateral to secure a loan, and in return, you allow the lender to place a lien on the home. If you default on the loan, they can foreclose and sell it to get their money back.

• Mortgage Liens - Mortgage liens are very common and used to secure mortgage loans. These are not necessarily bad. You could lose your home if you don't pay the mortgage and interest according to the terms.

  The following are some important details that are often found in Nebraska mortgage documents:

  • Parties Involved - The mortgage paperwork includes the names and addresses of the borrower (mortgagor) and the lender (mortgagee).
  • Property Description - A mortgage document may provide a complete description of the property under the mortgage. It usually comprises the legal description of the property and details about its borders and location.
  • Loan Terms - The mortgage agreement specifies the loan's terms and details, such as the principal amount, interest rate, repayment schedule, and special restrictions.
  • Security Interest - The mortgage creates a security interest in the property, which serves as collateral for the loan. Therefore, the contract may describe the lender's rights in the event of a default, foreclosure proceedings, and the circumstances under which the lender may take control of the property.

Involuntary Liens

Involuntary liens are not within your control. They are imposed against your will when you owe a debt. These most often result in foreclosure and the loss of your home.

• Mechanic's Liens - Contractors, subcontractors, laborers, material suppliers, and landscapers can place liens on the home when you don't pay them for their work or materials. In Nebraska, they must file the lien within 120 days of providing the last bit of work and enforce it within two years, meaning sue the homeowner in court and foreclose.
• Tax Liens - You must pay annual property taxes. If you do not pay them on time, the county can impose a tax lien on your property. Then, they will foreclose and sell the house at auction.
• Judgment Liens - Creditors use judgment liens to collect debt. First, they place a lien on your property, and then they sue you in court to enforce it. If the judge rules in their favor, they can foreclose and sell the home to get their money back.

The Process of Property Liens in Nebraska

Filing a lien in Nebraska demands following the process guided by the statutes. Because there are different types of liens, the processes differ.

So, here is a breakdown of the process of mechanics liens in Nebraska:

• The first part is filling out the lien form. The form must include the owner's name, the property details, the amount owed, and the dates of labor or materials supplied. The form may require the presence of a notary when signing.
• The next step is recording the lien. The claimant must file the lien at the Register of Deeds office in the corresponding counties. Claimants may deliver the form in person, via mail, or via FedEx. The offices require the correct recording fees down to the last cent, as they can reject the form if the individual presents the wrong amount. Some counties also allow electronic recording.
• After filing, the claimants may serve the property owner with a copy of the mechanic's lien. The copy must be stamped or a copy of the recorded lien. The deadline for providing this copy is ten days.

Easements and Covenants

Easements and covenants often appear on deeds and other property records. Easements are rights of way that allow someone other than the owner to enter the property without asking permission. Sometimes, towns use private property for roads or power lines and can access it whenever necessary to maintain them.

Covenants are rules about how the property may be used. If you live in a condo or gated community, you will be familiar with them. An example might be no holiday decorations outside of your home.

Plats and Surveys

Plats and surveys are both maps. Surveys show the boundaries of a single property, and plats show the boundaries of all the neighboring properties. These, too, accompany deeds.

The following are the types of surveys in Nebraska:

• Location Surveys - Location surveys, often known as boundary surveys or property surveys, determine a property's exact boundaries and corners. They entail identifying property corners, locating and marking property lines, and providing a complete legal description of the land. Location surveys are commonly used in real estate transactions, boundary disputes, and property line clarification.
• Subdivision Surveys - These are done when land is divided into many lots or parcels for development or sale. They define the borders and size of each lot in the subdivision and decide whether easements or rights-of-way are required for access or utility needs.
• Topographic Surveys - Topographic surveys document a property's physical qualities, features, and surroundings. They include elevation measurements, contours, vegetation, natural and man-made features, water bodies, and other pertinent data. They are necessary for engineering, building, and land development projects.
• Land Title Surveys - ALTA/NSPS surveys adhere to the standards set by the American Land Title Association (or ALTA) and the National Society of Professional Surveyors (NSPS). These surveys thoroughly assess a property, including boundary information, easements, encroachments, and other variables that may influence the title.

Property Descriptions and Boundaries in Nebraska

Every piece of real property has a legal description. This description includes map coordinates and a written description that includes natural landmarks so that anyone can easily find them. The property descriptions appear in deeds, mortgages, appraisals, and other documents.

Surveys measure land to find the exact boundaries. Surveyors use specialized equipment to measure boundaries. They are used before new construction, in boundary disputes, and when installing underground utilities.

Boundary disputes erupt when one party believes another is encroaching upon their land. They can get heated and end up in court, where a judge must decide the outcome. The courts rely on surveyors to provide information to help them decide.

Foreclosures

Homes in foreclosure are sold at auction and listed publicly. It can be embarrassing for owners to have their homes listed as foreclosures. It also devalues the house, and many regular buyers won't want to deal with the hassles.

Pre-foreclosure homes are in the foreclosure process, but they have yet to reach the point where they will be sold at auction. Investors look for these homes to buy cheaply and then sell for a profit.