An action may be brought and prosecuted to final decree, judgment or order, by any person or persons, whether in actual possession or not, claiming title to, or an estate in real estate against any person or persons who claim, or apparently have an adverse estate or interest therein, for the purpose of determining such estate, or interest, canceling unenforceable liens, or claims against, or which appear to be against said real estate, and quieting the title to real estate.
§ 25-21,112.Scope of relief.
Article 21: Special Proceedings and Actions · Last amended 1921 · Last verified July 22, 2026
In one sentenceThis section lets anyone claiming title to or an estate in real estate, whether in possession or not, sue a person with an apparent adverse claim to settle competing interests, cancel unenforceable liens against the property, and quiet title.
Full Text of § 25-21,112
Source
Laws 1921, c. 130, § 1, p. 540; C.S.1922, § 5676; C.S.1929, § 76-401; R.S.1943, § 25-21,112.
Plain-English Summary
Section 25-21,112 opens Nebraska’s quiet title article. It lets a person claiming title to, or an estate in, real estate bring an action against anyone who claims, or appears to have, an adverse estate or interest in that same property. The plaintiff does not need to be in possession to sue; the right to bring the action exists whether or not the plaintiff currently occupies the land.
The relief available covers more than a bare declaration of ownership. The action can determine the competing estate or interest, cancel liens or claims that are unenforceable or that merely appear to burden the property, and quiet title in the plaintiff’s favor. Later sections in this article fill in the mechanics, including who has to be named as a defendant, how unknown claimants get designated, and how liens of record must be pleaded, but this section supplies the underlying cause of action.
Frequently Asked Questions
Who can bring a quiet title action under section 25-21,112?
Any person or persons claiming title to, or an estate in, real estate, whether or not they are in actual possession of it.
Who can be sued in a quiet title action?
Any person or persons who claim, or apparently have, an adverse estate or interest in the same real estate.
Does the plaintiff have to be living on or using the property to sue?
No. The section applies whether the plaintiff is in actual possession or not.
What kind of relief can a quiet title action produce?
A determination of the competing estate or interest, cancellation of unenforceable liens or claims against the property, and a decree quieting title.
Does this section cover liens that only appear to affect the property, even if they are not enforceable?
Yes. It reaches liens or claims against, or which appear to be against, the real estate.
Where do the procedural details, like naming unknown defendants, come from?
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: nebraska quiet title actioncanceling unenforceable lien nebraskadetermining adverse interest real estatequiet title without possession nebraska