Where defendants disclaim having any title or interest in land or other property, the subject matter of the action, they shall recover their costs unless for special reasons the court decides otherwise.
§ 25-1706.Costs upon disclaimer.
Article 17: Costs · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section gives defendants who disclaim any title or interest in the land or property at the center of a lawsuit the right to recover their costs, unless the court finds a special reason to decide otherwise.
Full Text of § 25-1706
Source
R.S.1867, Code § 618, p. 504; R.S.1913, § 8165; C.S.1922, § 9116; C.S.1929, § 20-1706; R.S.1943, § 25-1706.
Plain-English Summary
Some lawsuits over land or property name a defendant who, it turns out, has no real stake in the outcome. Section 25-1706 addresses that situation directly: when defendants disclaim having any title or interest in the property at issue, they generally get their costs back.
That default favors defendants pulled into a property dispute they had no part in. But it is not absolute — the court can decide otherwise for special reasons, leaving room for cases where the ordinary rule would not fit.
Frequently Asked Questions
What does it mean for a defendant to “disclaim” interest in property?
The defendant states they have no title or interest in the land or property that is the subject of the lawsuit.
Do disclaiming defendants have to pay court costs?
Generally no — they recover their own costs instead, unless the court finds a special reason to rule otherwise.
Can a court still make a disclaiming defendant pay costs?
Yes, for special reasons, though the default rule favors awarding costs to the disclaiming defendant.
Why does this rule exist?
To protect a defendant with no real interest in a property dispute from bearing the cost of being pulled into it.
Does this rule apply outside property disputes?
The text is tied to actions over land or other property in which a defendant disclaims interest.
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: disclaiming defendant costs nebraskano interest in property lawsuit costsdefendant recovers costs disclaimerproperty dispute cost rule nebraskacosts when defendant has no claim