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

Neb. Rev. Stat. § 76-203 (2026)

Deed, defined

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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The term deed, as used in sections 76-201 to 76-281 and 76-2,126, shall be construed to embrace every instrument in writing by which any real estate or interest therein is created, aliened, mortgaged, or assigned or by which the title to any real estate may be affected in law or equity, except last wills and leases for one year or for a less time.

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1977–2026 · leading case: Beren Corp. v. Spader, 255 N.W.2d 247 (Neb. 1977).
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Beren Corp. v. Spader, 255 N.W.2d 247 (Neb. 1977). · cites it 4× “" Section 76-203, R.R.S.1943, defines "deed" to "embrace every instrument in writing by which any real estate or interest therein is created, aliened, mortgaged or assigned, or by which the title to any real estate may be affected in law or equity * * *.”
Chebatoris v. Moyer, 757 N.W.2d 212 (Neb. 2008). · cites it 5× “The district court ultimately sustained defendants' motion for summary judgment, relying on the definition of a deed contained in Neb. Rev. Stat. § 76-203 (Reissue 2003) and the methods for creating a trust under Neb.”
Borrenpohl v. DaBeers Props., LLC, 755 N.W.2d 39 (Neb. 2008). · cites it 3× “§ 76-203 (Reissue 2003) defines the term "deed" as "embrac[ing] every instrument in writing by which any real estate or interest therein is created, aliened, mortgaged or assigned, or by which the title to any real estate may be affected in law or equity, except last wills and…”
Mut. of Omaha Bank v. Watson, 900 N.W.2d 545 (Neb. 2017). · cites it 2× “§ 40-104 (Reissue 2008). Section 40-104 sets forth that the homestead of a married person cannot be conveyed or encumbered unless the instru- ment by which it is conveyed or encumbered is executed and acknowledged by both spouses.”
Chambers v. Bringenberg, 963 N.W.2d 37 (Neb. 2021). “Likewise, the conveyances statutes that are incorporated by reference into the TODA make no reference to homestead protections.”
Dep't of Banking & Fin. v. Davis, 416 N.W.2d 566 (Neb. 1987). “§ 76-203. “The grantor must acknowledge the instrument to be his voluntary act and deed.”
Akin v. Lincoln Bank South (In re Himberger), 9 B.R. 278 (Bankr. D. Neb. 1981). · cites it 4× “See Neb.Rev. Stat. §§ 76-203, 76-205, 76-238, 76-238.”
Matter of Himberger, 9 B.R. 278 (Bankr. D. Neb. 1981). · cites it 4× “Stat. § 76-238.01; see also 5 Tiffany on Real Property, § 1384 at 238 (3d ed.”
Prop. Ventures, LLC, No. 20-80750 (Bankr. D. Neb. Dec. 11, 2020). · cites it 2× “See Neb. Rev. Stat. § 76-203 (defining a deed as “every instrument in writing by which any real estate or interest therein is created, aliened, mortgaged, or assigned or by which the title to any real estate may be affected….”
Brantner v. Smith, No. A-23-464 (Neb. Ct. App. Aug. 27, 2024). · cites it 2× “Neb. Rev. Stat. § 76-203 (Reissue 2018) defines a deed as “every instrument in writing by which any real estate or interest therein is created, aliened, mortgaged, or assigned or by which the title to any real estate may be affected in law or equity.”
In re Est. of Knapp, 33 N.W.3d 250 (Neb. 2026). · cites it 2× “17 Generally, mutuality of obligation is an essential element of every enforceable contract and consists in the obligation on each party to do, or permit something to be done, in consideration of the act or promise of the other.”
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