In an action by a tenant in common of real property against a cotenant the plaintiff must state, in addition to what is required in section 25-2124, that the defendant either denies the plaintiff's right, or did some act amounting to such denial.
§ 25-2126.Ejectment; actions between tenants in common; complaint; allegations.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceWhen one tenant in common sues a cotenant to recover shared real property, the complaint must add, beyond the usual ejectment allegations, a statement that the cotenant denied the plaintiff’s ownership rights or did something that amounts to that denial.
Full Text of § 25-2126
Source
R.S.1867, Code § 628, p. 505; R.S.1913, § 8241; C.S.1922, § 9194; C.S.1929, § 20-2126; R.S.1943, § 25-2126.
Plain-English Summary
Tenants in common each hold an undivided share of the same property, and each is ordinarily entitled to possess the whole of it. That shared right means one cotenant’s presence on the property is not, by itself, a wrong against another cotenant. Section 25-2126 accounts for that difference by requiring something extra in the complaint when the suit is between cotenants.
In addition to what section 25-2124 already requires, the plaintiff must state that the defendant cotenant either denied the plaintiff’s right to the property or did some act amounting to that denial. Without that added allegation, the complaint would not distinguish an ordinary cotenant’s lawful presence on the land from conduct that excludes or defeats the plaintiff’s ownership interest.
Frequently Asked Questions
Why do lawsuits between cotenants need something beyond a regular ejectment complaint?
Because a cotenant’s possession is not automatically wrongful, since co-owners are generally entitled to possess the whole property. The extra allegation shows the possession crossed into a denial of the plaintiff’s rights.
What does it mean for a cotenant to “deny” the plaintiff’s rights?
The section requires stating that the defendant either denied the plaintiff’s right to the property or did some act amounting to that denial, in addition to the standard ejectment allegations.
Can one co-owner sue another because they are both using the property?
Ordinary shared use is not enough; the complaint must allege a denial of the plaintiff’s right or an act amounting to one.
Is the pleading required under section 25-2124 enough between tenants in common?
No. Section 25-2126 requires an additional allegation beyond what section 25-2124 calls for.
What additional fact must the complaint include in a cotenant dispute?
That the defendant cotenant denied the plaintiff’s right to the property, or did something amounting to that denial.
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 between cotenants nebraskatenants in common lawsuitcotenant denial of ownershipouster claim real property nebraskasuing a co-owner for possession