§ 25-202.Actions for the recovery of title or possession of real estate or foreclosure of mortgages or deeds of trust as mortgages.
Article 2: Limitation of Actions · Last amended 2008 · Last verified July 22, 2026
Full Text of § 25-202
Source
R.S.1867, Code § 6, p. 395; Laws 1869, § 1, p. 67; Laws 1899, c. 79, § 6, p. 335; R.S.1913, § 7564; C.S.1922, § 8507; Laws 1925, c. 64, § 1, p. 220; C.S.1929, § 20-202; Laws 1941, c. 35, § 1, p. 145; C.S.Supp.,1941, § 20-202; R.S.1943, § 25-202; Laws 1977, LB 208, § 1; Laws 1995, LB 297, § 1; Laws 2008, LB851, § 18.
Plain-English Summary
Land disputes and mortgage foreclosures get a longer clock than most civil claims: ten years after the cause of action accrues. The section carves out one group entirely — counties, cities, towns, villages, and a list of other public and irrigation districts face no deadline at all when recovering title or possession of a public road, street, alley, or other public grounds or lots. Government land held for public use doesn’t slip away through the ordinary limitations rules.
Subsection (2) narrows its focus to a different audience: subsequent purchasers and encumbrancers for value who need to know when a mortgage or deed of trust stops being enforceable against them. If the filed record of the mortgage or an extension states or lets you calculate a maturity date, the foreclosure claim accrues on that date. If no date can be pinned down from the filed record, the claim accrues no later than thirty years after the mortgage or deed of trust was made. And if the mortgage creditor files an affidavit — before the claim is otherwise barred — stating the debt is unpaid and the lien still valid, and records that affidavit with the register of deeds, the claim isn’t barred until ten years after the affidavit is filed.
That affidavit-triggered ten-year period is fixed. It isn’t extended by the debtor’s nonresidence, a legal disability, a partial payment, an acknowledgment of the debt, or a new promise to pay — the tools that extend deadlines elsewhere in this article (see sections 25-213, 25-214, and 25-216) don’t reach this specific window.
Frequently Asked Questions
How long do I have to sue to recover title or possession of real property in Nebraska?
Ten years after the cause of action accrues, under section 25-202. A different one-year deadline applies specifically to forcible entry and detainer claims under section 25-203.
How long does a lender have to foreclose a mortgage in Nebraska?
Ten years after the foreclosure cause of action accrues, subject to the special accrual rules in subsection (2) that apply for the benefit of later purchasers and lienholders for value.
Is there a deadline for a city to recover a public street or road someone has taken over?
No. Counties, cities, towns, villages, and several named public and irrigation districts face no time limit when recovering title or possession of public roads, streets, alleys, or other public grounds and lots.
When does the mortgage foreclosure clock start if the mortgage doesn’t state a maturity date?
If no maturity date is stated or can be figured out from the filed record, the claim accrues no later than thirty years after the date of the mortgage or deed of trust.
Can a lender extend the foreclosure deadline by filing an affidavit?
Yes. A mortgage creditor who files an affidavit before the claim is barred, stating the mortgage is unpaid and the lien still valid, and records it with the register of deeds, pushes the bar date out to ten years after the affidavit is filed — and that ten-year period is not further extended by nonresidence, disability, partial payment, or a new promise to pay.