When partition is deemed proper the referee or referees must make out the shares by visible monuments, and may employ a competent surveyor and the necessary assistants to aid them.
§ 25-21,100.Partition in kind; how made.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section directs the referee or referees carrying out a partition in kind to mark the shares with visible monuments on the ground and lets them hire a competent surveyor and any needed assistants to get the job done.
Full Text of § 25-21,100
Source
R.S.1867, Code § 833, p. 541; R.S.1913, § 8316; C.S.1922, § 9268; C.S.1929, § 20-21,100; R.S.1943, § 25-21,100.
Plain-English Summary
Dividing land on paper is one thing; dividing it on the ground is another. Section 25-21,100 addresses that practical step for a partition carried out in kind rather than through sale. When partition is deemed proper, the referee or referees must make out the shares by visible monuments — physical markers that fix each owner’s boundary lines where anyone can see them.
To get that surveying work done with accuracy, the referees may employ a competent surveyor and whatever assistants the job needs. That authority recognizes that a referee is not necessarily a trained surveyor, and that setting durable, visible boundaries calls for the right expertise.
Frequently Asked Questions
What does it mean to divide land by visible monuments?
The referees mark each owner’s share on the ground with physical boundary markers, rather than leaving the division as an abstract description.
Can referees hire outside help to survey the land?
Yes. They may employ a competent surveyor and any necessary assistants.
Who decides whether land should be partitioned in kind versus sold?
The court makes that determination based on earlier referee reports; this section addresses how the division proceeds once partition in kind is deemed proper.
Does the referee have to do the surveying personally?
No. The referee may bring in a competent surveyor and assistants rather than performing that technical work alone.
What happens after the shares are marked out on the ground?
The referees prepare a written report describing the shares, addressed in the following section.
Who pays for the surveyor and assistants the referee hires?
The statute authorizes their employment without addressing cost allocation here; that typically follows the court’s general handling of partition costs.
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
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