In an action for the recovery of real property, it shall be sufficient if the complaint states that the plaintiff has a legal estate therein, and is entitled to the possession thereof, describing the same, and that the defendant unlawfully keeps the plaintiff out of the possession. It shall not be necessary to state how the plaintiff's estate or ownership is derived.
§ 25-2124.Ejectment; complaint; allegations.
Article 21: Special Proceedings and Actions · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section tells a plaintiff suing to recover real property what the complaint needs to state: a legal estate in the property, the right to possess it, a description of it, and an allegation that the defendant wrongfully keeps the plaintiff out, without tracing how the title arose.
Full Text of § 25-2124
Source
R.S.1867, Code § 626, p. 505; R.S.1913, § 8239; C.S.1922, § 9192; C.S.1929, § 20-2124; R.S.1943, § 25-2124; Laws 2002, LB 876, § 30.
Plain-English Summary
Section 25-2124 keeps the pleading requirements for an ejectment action short. To recover real property that someone else is wrongfully holding, the complaint has to state that the plaintiff holds a legal estate in the property, describe that property, and state that the plaintiff is entitled to possess it while the defendant unlawfully keeps the plaintiff out.
What the complaint does not need is a history lesson. The plaintiff does not have to explain how the estate or ownership was derived — whether by purchase, inheritance, or some other transfer. The claim stands on the plaintiff’s present legal estate and right to possession, and on the defendant’s wrongful withholding, without a recitation of the chain of title behind it.
Frequently Asked Questions
What must an ejectment complaint allege about the property?
That the plaintiff has a legal estate in it, is entitled to possession, and a description of the property, along with an allegation that the defendant unlawfully keeps the plaintiff out.
Do I have to explain how I got title to the property?
No. Section 25-2124 states that it is not necessary to state how the plaintiff’s estate or ownership is derived.
What makes an ejectment complaint different from other property lawsuits?
It requires only a short set of allegations — legal estate, right to possession, description, and wrongful withholding — rather than a detailed account of the property’s ownership history.
What does “unlawfully keeps the plaintiff out of possession” mean?
It is the allegation that the defendant is wrongfully withholding possession from the plaintiff, the core wrong the ejectment action addresses.
Does this section require detailed proof of ownership history at the pleading stage?
No. The complaint only needs to state the plaintiff’s present legal estate and right to possession, not the history behind it.
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: ejectment complaint requirements nebraskarecovering real property lawsuitpleading legal title ejectmentunlawful possession complaintnebraska ejectment pleading rules