When any lien or apparent lien on any real estate shall not be enforceable by reason of lapse of time, the owner of such real estate shall be entitled to have his title thereto quieted against such unenforceable lien or apparent lien without redeeming or offering to redeem therefrom; Provided, the owner or owners or their privies in estate of such real estate shall have been in possession of the same during the period of the statute of limitations.
§ 25-21,116.Unenforceable liens; title quieted without offer to redeem.
Article 21: Special Proceedings and Actions · Last amended 1921 · Last verified July 22, 2026
In one sentenceThis section lets a Nebraska property owner quiet title against a lien that has become unenforceable through lapse of time without offering to redeem it, so long as the owner or a predecessor stayed in possession throughout the limitations period.
Full Text of § 25-21,116
Source
Laws 1921, c. 130, § 5, p. 542; C.S.1922, § 5680; C.S.1929, § 76-405; R.S.1943, § 25-21,116.
Plain-English Summary
Ordinarily, someone challenging a lien might expect to pay it off, or offer to, before asking a court to erase it. Section 25-21,116 removes that expectation for liens that time has already extinguished. When a lien or apparent lien on real estate is no longer enforceable because of lapse of time, the owner can have title quieted against it without redeeming, or even offering to redeem, the lien.
That break comes with a condition attached. The owner, or those in privity with the owner in the chain of title, must have been in possession of the property throughout the period of the statute of limitations. Possession during that whole stretch is what justifies skipping the usual redemption step; it shows the owner’s claim has ripened while the lienholder’s enforcement window closed.
Frequently Asked Questions
Do I have to pay off a lien before quieting title against it?
Not if the lien is unenforceable because of lapse of time. Section 25-21,116 lets the owner quiet title without redeeming or offering to redeem.
What condition must be met to use this section?
The owner, or the owner’s privies in estate, must have been in possession of the real estate throughout the period of the statute of limitations.
What kind of lien does this section cover?
Any lien or apparent lien on the real estate that is no longer enforceable because of lapse of time.
Does possession by a prior owner count toward the required period?
Yes. The section covers the owner or the owner’s privies in estate, which includes predecessors in the chain of title.
Why does possession matter under this section?
It confirms the owner’s continuous claim to the property throughout the very period during which the lienholder’s right to enforce the lien expired.
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: quieting title against time-barred lien nebraskaunenforceable lien real estate nebraskano redemption required expired lienpossession requirement quiet title lapse of time