If the order of attachment is discharged it shall be the duty of the clerk of the court in which the action is brought to certify that fact, together with the time when the order was discharged, to the register of deeds in whose office the copy of the order has been recorded as aforesaid, whereupon such register shall file such certificate and write across the record of such copy the word "discharged," and also the time of discharge as shown in the certificate.
§ 25-1045.Attachment; discharge; duty of clerk to certify; duty of register of deeds to record.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceWhen an attachment on out-of-county land is discharged, this section requires the clerk of the court to certify that fact and the discharge date to the register of deeds who recorded it, and requires the register to file the certificate and mark the recorded copy “discharged” with the date.
Full Text of § 25-1045
Source
G.S.1873, c. 57, § 3, p. 714; R.S.1913, § 7774; C.S.1922, § 8718; C.S.1929, § 20-1045; R.S.1943, § 25-1045.
Plain-English Summary
An attachment recorded against land under § 25-1044 does not stay on the books forever if the attachment is later discharged. Section 25-1045 makes sure the land records catch up with reality. If the order of attachment is discharged, the clerk of the court where the action was brought must certify that fact, along with the time the order was discharged, to the register of deeds in whose office the copy of the order was recorded.
Once that certificate arrives, the register of deeds has a corresponding duty: file the certificate, and write across the record of the copy the word “discharged,” along with the time of discharge shown on the certificate. That notation clears the cloud the attachment put on the land’s title, at least as far as the public record is concerned.
This section closes the loop opened by §§ 25-1043 and 25-1044. Filing and recording an attachment against land is only half the story; this section makes sure a discharge gets recorded with the same visibility, so a later buyer checking the record sees the full, current picture rather than a stale attachment that no longer applies.
Frequently Asked Questions
What triggers the clerk’s duty under this section?
The discharge of the order of attachment that had been recorded against the land.
What does the clerk have to send, and to whom?
A certificate stating that the attachment was discharged and the time of discharge, sent to the register of deeds where the original copy of the order was recorded.
What does the register of deeds do with the clerk’s certificate?
File the certificate and write “discharged,” along with the time of discharge, across the recorded copy of the order of attachment.
Why does it matter that the discharge gets noted on the land record?
Because the original recording under § 25-1044 served as notice to buyers that the land was attached, the discharge notation is what tells a later buyer that the attachment no longer applies.
Does the property owner have to do anything to get this discharge notation made?
No. The statute places the certifying duty on the clerk of the court and the recording duty on the register of deeds, without requiring action from the landowner.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: discharge attachment on land recordclerk certify attachment dischargedregister of deeds discharge notationclear attachment from title nebraskaremove attachment land record