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Nebraska Speed Bumps

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Nebraska Speed Bumps


  • Nebraska is an UNPAID BALANCE commercial.  Residential FULL PRICE when Notice of Lien Liability is served
    • Notice Speed Bumps:
    52-129. Protected party, residential real estate, defined.
    1.    (a) An individual who contracts to give a real estate security interest in, or to buy or to have improved, residential real estate all or a part of which he or she occupies or intends to occupy as a residence;
    2.    Residential real estate shall mean, in relation to a protected party, real estate, improved or to be improved, containing not more than four dwelling units and no nonresidential uses for which the protected party is a lessor.   A condominium unit that is otherwise residential real estate remains so even though the condominium development contains more than four dwelling units or units used for nonresidential purpose.  Source Laws 1981, LB 512, 5.
    One must intend to occupy the real estate as a residence to be considered a protected party.  Midlands Rental & Mach., Inc. v. Christensen Ltd., 252 Neb 806, 566 N. W.2d 115 (1997).
  • There are also several types of contracts that are expressly excluded from obtaining lien protection under the NCLA (The Nebraska Construction Lien Act).  Those contracts include:

a. Contracts for mining, removal of timber, sod removal, farming or other contracts in which the activity is primarily for the purpose of realizing upon the disposal or removal of the objects removed
b. Contracts for the planting, cultivation, or harvesting of crops or for the preparation of the soil for planting of crops.
c. Contracts for services in connection with financing (survey, appraisal, underwriting, etc.)

  • Design professionals may file liens, and lien rights may exist even when the design was not used.

    • Oil and Gas Lien Speed Bumps:

    • Lien is accorded to any person furnishing material or services under contract of the owner of any leasehold interest or owner of any pipeline for digging, drilling, operating or repairing of wells, or the construction of any pipeline. The lien extends to the leasehold interest on materials and fixtures of the owner, oil and gas wells located on the leasehold interest, and oil or gas produced therefrom and the proceeds thereof, and the pipeline. Lien is not effective against the oil or gas until written notice of claim is given to the purchaser. Verified lien statement must be filed within four months after date of furnishing last material or services in Office of Clerk of county in which land is situated. Action to enforce lien must be brought within two years after date of filing.