The parties in an action for the recovery of property may avail themselves, if entitled thereto, of the relief provided for in sections 76-301 to 76-311 for occupying claimants.
§ 25-2128.Ejectment; occupying claimants; rights.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceParties to a real property recovery action may also seek the separate relief Nebraska law provides for occupying claimants — people who improved land they later turn out not to own — under sections 76-301 to 76-311.
Full Text of § 25-2128
Source
R.S.1867, Code § 632, p. 506; R.S.1913, § 8234; C.S.1922, § 9196; C.S.1929, § 20-2128; R.S.1943, § 25-2128.
Plain-English Summary
Section 25-2128 is a bridge between the ejectment sections and a separate statutory scheme covering occupying claimants. That scheme addresses a specific and recurring situation: someone occupies land, makes improvements to it believing in good faith the land is theirs, and later loses a dispute over title.
Rather than fold that relief into the ejectment sections themselves, section 25-2128 points the parties to sections 76-301 through 76-311, where the occupying-claimant remedies are set out. Parties to an ejectment action who qualify for that relief can pursue it, giving a defendant who made real improvements in good faith a path to some measure of compensation instead of losing the improvements along with the property.
Frequently Asked Questions
What are occupying claimant laws?
A separate set of Nebraska statutes, sections 76-301 to 76-311, addressing relief for someone who occupied and improved land in good faith before losing a dispute over its title.
Can someone who loses an ejectment case get paid for improvements made to the land?
Section 25-2128 lets parties to the action avail themselves of the occupying-claimant relief in sections 76-301 to 76-311 if they qualify.
Where are the occupying-claimant rules found?
In sections 76-301 through 76-311, which this section cross-references rather than restates.
Does this section create new rights or point to an existing statute?
It points to the existing occupying-claimant statutes, letting ejectment parties use that separate relief rather than creating a new remedy here.
Who can use this occupying-claimant relief?
Parties in an action for the recovery of property, if they are entitled to it under sections 76-301 to 76-311.
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: occupying claimant nebraska lawimprovements to land ejectmentgood faith improver rightssections 76-301 to 76-311 nebraskacompensation for building on wrong land