Nebraska Revised Statutes

Neb. Rev. Stat. § 76-268 (2026)

Trust deeds executed after 1917; failure to name beneficiary and record; presumption of authority of trustee to convey; filing of notice by beneficiary

✓ current as of July 2026

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If any conveyance of the title to, or any right or interest in real estate, or any lien thereon, shall be made after July 24, 1917, to any person or corporation as trustee without naming any beneficiary and without any declaration of the terms of the trust having been executed and recorded in the manner prescribed by statute, in the office of the register of deeds of the county in which such real estate is located, it shall be conclusively presumed that such person or corporation as trustee, has power and authority to convey the title, right and interest in such real estate which has been conveyed to him, or to assign or release such lien without any other person joining therein, and a purchaser from such trustee shall not be bound to inquire or ascertain the terms of the trust, unless before such conveyance, assignment or release has been made by such trustee, the person claiming a beneficial interest therein shall have filed a notice as provided in section 76-267, in the office of the register of deeds of the county in which said real estate is located.

Notes of Decisions

Cited in 3 cases, 1991–2003 · leading case: Schaneman v. Wright, 470 N.W.2d 566 (Neb. 1991).

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Schaneman v. Wright, 470 N.W.2d 566 (Neb. 1991). · cites it 2× “Neb. Rev. Stat. § 76-268 (Reissue 1990) provides as follows: If any conveyance of the title to, or any right or interest in real estate .”

Lagae v. Lackner, 996 P.2d 1281 (Colo. 2000). “§ 70-21-307 (1999) (“shall have no force or effect in charging any purchaser or encumbrancer thereof with notice”); Neb.Rev.Stat. § 76-268 (1999) (“a purchaser from such trustee shall not be bound to inquire or ascertain the terms of the trust”); Ohio Rev.”

In Re Est. of Kiser, 72 P.3d 425 (Colo. Ct. App. 2003). “§ 70-21-307 (2002); Neb.Rev.Stat. § 76-268 (2002). Moreover, although the phrase is not defined in Lagae v.”

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