Nebraska Adverse Possession Laws
Under state adverse possession laws, individuals who openly inhabit and improve an otherwise neglected piece of property may gain legal title to the parcel after a certain number of years have passed. Most often, these laws help resolve confusion over property boundaries or provide legal title in the absence of an official record of home ownership (for example, homes that have been passed down through many generations). Adverse possession laws are sometimes referred to as "squatter's rights" laws, while the squatters themselves (who may just be neighbors) often are called "continuous trespassers."
The history of adverse possession laws, which are rooted in common law, dates back to the Roman Empire. Under Roman law, anyone who was in possession of any good without a title would become the rightful owner if the original owner failed to claim the property within one or two years (unless it was obtained unlawfully, such as through theft).
Nebraska Adverse Possession Law: General Overview
Nebraska's adverse possession law requires the trespassing party (or squatter) to remain on the property for a period of 10 years, which may not be interrupted or extended by periods of non-residence.
See FindLaw's Land Use Laws section for more related articles and resources.
|Code Section||25-202, 213|
|Time Period Required for Occupation||10 yrs.-|
|Time for Landowner to Challenge/Effect of Landowner's Disability||With disability: 20 yrs.; After disability lifted: 10 yrs.|
|Payment of Taxes||-|
|Title from Tax Assessor||-|
Note: State laws are always subject to change at any time, usually when newly signed legislation is enacted into code but sometimes through higher court decisions or other means. You may want to contact a Nebraska real estate attorney or conduct your own legal research to verify the state law(s) you are researching.
Requirements for Claiming Property Under Adverse Possession Laws
State adverse possession laws all generally follow these six guidelines:
- Actual Possession - Physically present and actually using the property
- Continuous Period - Possession is not divided into periods, but continuous
- Hostile - No permission has been granted by the lawful owner
- Open and Notorious - No attempt has been made to hide from the lawful owner
- Exclusive Possession - Possession has been maintained by a single party
- Color of Title - Good faith belief that they are legally entitled to the property (a requirement in some states)
Research the Law
- Nebraska Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Nebraska Adverse Possession Laws: Related Resources
- Trespassing Basics
- Adverse Possession: Continuous Trespasser's Rights
- Boundary Disputes
- Nebraska Civil Statute of Limitations
- Find a Land Use & Zoning Attorney
Next Steps: Search for a Local Attorney
Contact a qualified attorney.