§ 25-21,113.Parties as defendants; how designated; effect of decree.
Article 21: Special Proceedings and Actions · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section requires naming every record interest-holder as a defendant by their recorded name in a Nebraska quiet title suit, permits an added class of unknown claimants when a diligent search cannot identify them, and makes the resulting decree binding on those named defendants and on unrecorded claimants who are not in actual possession.
Full Text of § 25-21,113
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In all actions to establish or quiet title to an estate in real estate, all persons in whose favor any interest, right, title, estate in, or lien upon such real estate appears of record shall be made defendants by the names by which they are designated on the record. When it is alleged in the complaint that there are persons who claim or appear to have some interest in, right or title to, or lien upon such property, and that the ownership of, interest in, right or title to, or lien upon such property of such persons does not appear of record in or by their respective names in the county wherein such property is situated, and that the plaintiff, after diligent investigation and inquiry, is unable to ascertain and does not know the names or whereabouts, if in this state, or the residence of such persons, there shall also be designated as defendants in such action "all persons having or claiming any interest in" (here inserting an accurate and definite description of the property involved) followed by the words "real names unknown". Judgments and decrees rendered in such actions after the defendants so impleaded and designated have been served as provided by statute, shall be conclusive against all defendants impleaded and designated by name, and also against all persons who are not in actual possession of such property, whose ownership of, interest in, rights or title to, or lien upon such
property does not appear of record in or by their respective names in the county wherein such property is situated.
A quiet title suit only works if the right people are before the court, so section 25-21,113 sets out how to name them. Every person who appears of record to hold an interest, right, title, estate, or lien in the property has to be named as a defendant, using the name shown on the record.
The section also handles the harder case: claimants a diligent search cannot pin down. If the complaint alleges that unknown persons may claim some interest, and that the plaintiff, after diligent investigation, cannot ascertain their names or whereabouts, the plaintiff can add a defendant class described as “all persons having or claiming any interest in” the property, followed by “real names unknown.”
Once those defendants, named and unnamed, are served as the statutes require, the resulting judgment or decree becomes conclusive. It binds the named, served defendants, and it also binds anyone not in actual possession of the property whose interest does not appear of record under their own name in the county where the property sits. Someone in actual possession, or someone whose interest is recorded in their real name, is not swept in by that broader conclusiveness.
Frequently Asked Questions
Who has to be named as a defendant in a Nebraska quiet title suit?
Everyone who appears of record to hold an interest, right, title, estate, or lien in the property, named by their recorded name.
What if the plaintiff cannot identify everyone who might claim an interest?
The plaintiff can add “all persons having or claiming any interest in” the described property, “real names unknown,” as defendants, after alleging a diligent but unsuccessful effort to identify them.
Does the resulting decree bind someone who was never named or served?
It can bind a person not in actual possession whose interest does not appear of record under their own name, but it does not reach someone in actual possession or someone whose recorded interest was properly recorded in their name.
What does “real names unknown” mean in a quiet title complaint?
It is the designation used for the class of unidentified claimants added as defendants when a diligent search could not turn up their identities or whereabouts.
Is possession of the property relevant to whether someone is bound by the decree?
Yes. A person in actual possession of the property is not among those automatically bound by the broader conclusiveness the section describes for unrecorded, unnamed claimants.
Does this section require actual service on the named defendants?
Yes. The conclusive effect described applies once the defendants have been served as provided by statute.
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:naming defendants quiet title nebraskaunknown claimants real estate lawsuitreal names unknown defendant designationconclusive decree quiet title nebraska