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.
Neb. Rev. Stat. § 76-207
Covenants; breach; constructive eviction; acts constituting
Applied in 1 court decision — leading case Omega Chemical Co., Inc. v. Rogers (1994)
Most recently applied in Omega Chemical Co., Inc. v. Rogers (December 1994)
Laws 1923, c. 111, § 2, p. 269; C.S.1929, § 76-111; R.S.1943, § 76-207.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.