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§ 25-21,115.Adverse claims; liens of record; how pleaded.

Article 21: Special Proceedings and Actions · Last amended 2002 · Last verified July 22, 2026

In one sentenceThis section lets a Nebraska quiet title complaint allege adverse claims in general terms without describing their exact nature, but requires any recorded lien or mortgage to be specifically described along with the reason it should be canceled, such as payment or expiration under a limitations period.

Full Text of § 25-21,115

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It shall be sufficient to allege generally in the complaint that the defendants claim or appear to have some interest in, right or title to, or lien upon the real estate or a part thereof; and it is not necessary to allege the nature of any adverse claim or that the value of plaintiff's title or estate is lessened thereby. No lien of record or mortgage of record, however, shall be affected by such action unless it is particularly described, and payment or other legal reason for its cancellation, or that it is barred by limitation, is specifically alleged.

Source

Laws 1921, c. 130, § 4, p. 541; C.S.1922, § 5679; C.S.1929, § 76-404; R.S.1943, § 25-21,115; Laws 2002, LB 876, § 46.

Plain-English Summary

Pleading a quiet title case would be unwieldy if the plaintiff had to spell out the exact nature of every defendant’s possible claim. Section 25-21,115 avoids that problem for general allegations: it is enough to allege that the defendants claim or appear to have some interest in, right or title to, or lien upon the property, without detailing the nature of the claim or proving that it lessens the plaintiff’s title.

Recorded liens and mortgages get different treatment. General language will not clear a lien or mortgage that is recorded. The complaint has to particularly describe it and state the specific legal reason for canceling it, whether that is payment, some other ground for cancellation, or the fact that it is barred by limitation. A recorded lien not addressed that way stays untouched by the quiet title judgment.

Frequently Asked Questions

Do I have to describe exactly what interest each defendant claims in a quiet title complaint?

No. Section 25-21,115 lets you allege generally that defendants claim or appear to have some interest, right, title, or lien, without detailing its nature.

Do I need to prove my title is harmed by the adverse claim?

No. The section states it is not necessary to allege that the value of the plaintiff’s title or estate is lessened by the claim.

Can I clear a recorded mortgage with only a general allegation?

No. A recorded lien or mortgage must be particularly described, along with the legal reason for its cancellation, such as payment or expiration under limitations.

What reasons can justify canceling a recorded lien under this section?

Payment, another legal reason for cancellation, or the fact that the lien is barred by the statute of limitations.

What happens to a recorded lien the complaint does not specifically describe?

It is not affected by the quiet title action, since the section requires particular description and a stated reason before a recorded lien can be reached.

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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