76-207. Covenants; breach; constructive eviction; acts constituting.
126 words·~1 min read·
/ne/chapter-76/76-207A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
Covenants of quiet enjoyment and warranty were breached by the existence of a paramount right to possession which covenantee was forced to buy off. Grand Island Hotel Corp. v. Second Island Development Co., 191 Neb. 98, 214 N.W.2d 253 (1974).