Covenants of quiet enjoyment and covenants of warranty in conveyances of real property may be breached by an eviction, actual or constructive, by reason of the hostile assertion of a paramount title holder. A constructive eviction occurs in the following situations: (1) Where the covenantee is kept out of possession by the paramount title holder; (2) where the covenantee surrenders possession to the paramount title holder; and (3) where the covenantee in order to retain possession is forced to and buys off the paramount title holder.

Source

  • Laws 1923, c. 111, § 2, p. 269;
  • C.S.1929, § 76-111;
  • R.S.1943, § 76-207.
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Terms Used In Nebraska Statutes 76-207

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.