Neb. Rev. Stat. » Chapter 76
Nebraska Revised Statutes

Neb. Rev. Stat. § 76-104 (2026)

Interest transferred by effective conveyance; fee simple; special words unnecessary

✓ current as of July 2026
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An otherwise effective conveyance of property transfers the entire interest which the conveyor has and has the power to convey, unless an intent to transfer a less interest is effectively manifested. No words of inheritance or other special words are necessary to transfer a fee simple.

Notes of Decisions
Cited in 11 cases, 1956–1995 · leading case: State v. Union Pac. R.R., 490 N.W.2d 461 (Neb. 1992).
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State v. Union Pac. R.R., 490 N.W.2d 461 (Neb. 1992). · cites it 4× “Neb. Rev. Stat. § 76-104 (Reissue 1990); Sun Oil Co.”
Rumbel v. Ress, 91 N.W.2d 36 (Neb. 1958). · cites it 2× “Section 76-104, R. R. S. 1943, reads in part as follows: “An otherwise effective conveyance of property transfers the entire interest which the conveyor has and has the power to convey, unless an intent to transfer a less interest is effectively manifested.”
Campbell v. Ohio Nat'l Life Ins. Co., 74 N.W.2d 546 (Neb. 1956). · cites it 2× “The trustee became the equitable owner of the indebtedness evidenced by the notes and secured by the mortgages given by appellees by virtue of the deed from the company to the trustee.”
Sun Oil Co. v. Emery, 164 N.W.2d 644 (Neb. 1969). · cites it 2× “” The present statute, section 76-104, R. R. S. 1943, is in part as follows: “An otherwise effective conveyance of property transfers the entire interest which the conveyor has and has the, power to convey, unless an intent to transfer a less interest is effectively manifested.”
Antelope Prod. Co. v. Shriners Hosp. for Crippled Child., 464 N.W.2d 159 (Neb. 1991). · cites it 2× “This approach is consistent with the provisions of Neb. Rev. Stat. § 76-104 (Reissue 1990), which states that an otherwise effective conveyance of property transfers the entire interest of the grantor unless an intent to transfer a lesser interest is effectively manifested, and…”
Gettel v. Hester, 86 N.W.2d 613 (Neb. 1957). · cites it 2× “For example, section 76-104, R. R. S. 1943, provides in part: “An otherwise effective conveyance of property transfers the entire interest which the conveyor has and has the power to convey, unless an intent to transfer a less interest is effectively manifested.”
City of Gering v. Jones, 122 N.W.2d 503 (Neb. 1963). · cites it 2× “No words of inheritance or other special words are necessary to transfer a fee simple.”
Spilker v. First Nat. Bank & Trust, Etc., 319 N.W.2d 429 (Neb. 1982). · cites it 4× “We hold that the omission of such words of inheritance is of no consequence in determining that the document conveys an easement appurtenant by reason of Neb. Rev. Stat. § 76-104 (Reissue 1976), enacted in 1941, and which provides: “An otherwise effective conveyance of property…”
Kenner v. Blue Valley Lutheran Homes Soc'y, Inc., 513 N.W.2d 35 (Neb. Ct. App. 1994). · cites it 2× “” Neb. Rev. Stat. § 76-104 (Reissue 1990). Accord State v.”
Miller v. McMillen, 333 N.W.2d 887 (Neb. 1983). · cites it 2× “Neb. Rev. Stat. § 76-104 (Reissue 1981) provides as follows: “An otherwise effective conveyance of property transfers the entire interest which the conveyor has and has the power to convey, unless an intent to transfer a less interest is effectively manifested.”
Reikofski v. Bodwell, 529 N.W.2d 531 (Neb. 1995). · cites it 2× “Neb. Rev. Stat. § 76-104 (Reissue 1990); Union Pacific RR.”
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