Nebraska Statutes 57-204. Lease; claim of nonforfeiture by lessee; notice to register of deeds; effect; effect of failure to give notice
(1) If the lessee, his successors or assigns, shall, within twenty days after the filing of the affidavit referred to in section 57-203, give notice in writing to the register of deeds of the county where the land is located that the lease has not been forfeited and that the lessee, his successors or assigns, still claim that the lease is in full force and effect, then such affidavit shall not be recorded but the register of deeds shall notify the owner of the land of the action of the lessee, his successors or assigns, and the owner of the land shall be entitled to the remedies now provided by law for the cancellation of such disputed lease.
Terms Used In Nebraska Statutes 57-204
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(2) If the lessee, his successors or assigns, shall not notify the register of deeds, as provided in subsection (1) of this section, the register of deeds shall record the affidavit, referred to in section 57-203, and thereafter the record of the lease shall not be notice to the public of the existence of the lease or of any interest therein or rights thereunder, and the record shall not be received in evidence in any court of the state on behalf of the lessee, his successors or assigns, against the lessor, his successors or assigns.
Source
- Laws 1925, c. 133, § 1, p. 350;
- C.S.1929, § 57-201;
- R.S.1943, § 57-204;
- Laws 1955, c. 214, § 4, p. 602.