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Contract Disputes and Property Disputes in Nebraska

Contract and property disputes are civil legal cases that arise from disagreements between contract parties or about real estate. In Nebraska, County Courts and District Courts handle civil cases like contract and property disputes; the court that handles a particular case depends on the amount involved. The Small Claims Court is a division of the Idaho County Court, and the court handles cases that involve no more than $3,900. The District Court handles cases that involve more than $3,900.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

  • The name of the person involved in the record, unless said person is a juvenile
  • The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

What are Contract Disputes in Nebraska?

Contract disputes are disagreements between two or more parties about the terms or fulfillment of the contract. For a contract to be legally binding, there must be an offer, acceptance, consideration, or a meeting of minds, capacity, and intention. Nebraska laws recognize oral contracts, except where state laws specifically require writing. Some examples of contracts that must be in writing are (NE Code § 36–202):

  • Contracts that cannot be performed within one (1) year of its making
  • Promises to answer for another person’s debt
  • Agreements for corporate bonds and stocks purchases
  • Agreements made on consideration of marriage, except mutual promises to get married.
  • Promises to pay damages out of an administrator’s coffers or estate

The statute of limitations on unwritten contracts is four (4) years.

What are the Most Common Contract Disputes in Nebraska

Some common contract disputes in Nebraska are listed below:

  • Employment contract disputes
  • Severance agreement disputes
  • Contract breach suites
  • Partnership contract disputes
  • Vendor contract disputes

What is Nebraska Contract Law?

Nebraska contract law defines contracts and highlights acceptable forms of contracts. In Nebraska, contracts may be oral, written, or a combination, except where the law demands specific forms, such as writing. For example, contract parties must make tenancy agreements and sales of real estate in writing. Nebraska contract law also highlights the elements of a contract, which are:

  • Offer & Acceptance: An offer lists the terms of a contract. For a contract to be enforceable, a party must make an offer, and the other party must accept the offer. This is sometimes called a “meeting of the minds.”
  • Consideration: Contract parties must exchange value for a contract to be enforceable. If only one party offers value, the law deems the contract invalid and a gift.
  • Capacity: Parties in a contract must be capable of entering into contracts. Parties must be legal adults, must be of sound mind, and otherwise legally able to make contracts at the time of the contract.
  • Intention: Contract parties must be deliberate about the agreement. Each party must intend to make a legally binding agreement.
  • Legality: For a contract to be enforceable in Nebraska, the contract must be for a legal purpose.

What is a Breach of Contract in Nebraska?

A breach of contract occurs when a party does not fulfill contract terms or does not fulfill the terms specified in the contract. In a legal action for breach of contract, the non-breaching party has the burden of proof; this means that the non-breaching party must prove that there has indeed been a breach. According to NE Code § 25–205, the statute of limitations for legal action based on a contract breach is five (5) years in Nebraska.

What are the Remedies for a Breach of Contract in Nebraska?

The courts award remedies for contract breach claims to compensate the non-breaching party for any losses or damages the party incurs as a result of the contract breach. Some remedies for breach of contract in Nebraska are:

  • Damages
  • Specific performance
  • Restitution

To file a breach of contract claim in Nebraska, interested parties must submit filled forms to the small claims court or the district court in the county where either the non-breaching or the breaching party resides. In some cases, it is possible to settle a breach of contract claims through mediation or other out-of-court mediation processes. However, where it is not possible to settle a breach of contract claims outside the court, the case must proceed to trial. Since the burden of proof is on the non-breaching party, the party must provide sufficient evidence to validate the claim.

What Defenses Can Be Used Against a Breach of Contract Claim in Nebraska?

Legal defenses against breach of contract claims are not necessarily intended to counter or disprove the breach of contract claim. Some defenses simply provide other reasons why it may have been unavoidable. Some legal defenses against a breach of contract claim in Nebraska include:

  • Lack of legal capacity
  • Intention
  • Unfairness
  • Impossibility
  • Fraud
  • Coercion or duress
  • Illegality

What are Property Disputes in Nebraska?

Property disputes arise from disagreements over real estate or property issues. For example, determining boundary lines, breach of property sales, or lease agreements may result in disputes. In some cases, disputes impact the value of a property. Nebraska Property Laws address possible property disputes and the remedies that apply.

What Are Some Common Types of Property Disputes in Nebraska?

Common types of property disputes in Nebraska include:

  • Farm and land disputes
  • Property boundaries and fence line disputes
  • Ownership title disputes
  • Landlord-tenant disputes
  • Lien disputes
  • Property code violations
  • Adverse possession

How to Find Property Lines

Property lines are boundary markers. These markers indicate property boundaries, where one begins, and another ends. Nebraska residents may find property lines by inspecting the property deed. If the deed does not contain up-to-date property information, interested parties may use the County Assessor, a government GIS. The GIS provides maps that show property lines and all other real estate information.

How do I Find a Property Dispute Lawyer Near me?

Interested parties may find property dispute lawyers through the Legal Aid and Referral services Nebraska’s Supreme Court lists on its website. Interested parties may also search for local property dispute lawyers through the state bar association and third-party legal aid websites and organizations.

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