Any person whose duty it is to prevent waste, and who has not used reasonable care and diligence to prevent it, is deemed to have committed it.
§ 25-2129.Waste; negligence in preventing; liability.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceAnyone whose duty includes preventing waste to property, but who fails to use reasonable care and diligence to stop it, is treated by law as having committed the waste directly, even without personally causing the damage.
Full Text of § 25-2129
Source
R.S.1867, Code § 635, p. 506; R.S.1913, § 8246; C.S.1922, § 9199; C.S.1929, § 20-2131; R.S.1943, § 25-2129.
Plain-English Summary
Waste is damage or deterioration to real property, often caused by someone with a lesser interest in the land — a tenant or a life tenant, for instance — that harms the interest of whoever holds the property afterward. Section 25-2129 extends responsibility for that harm beyond the person who directly causes it.
Anyone whose duty is to prevent waste, and who fails to use reasonable care and diligence in doing so, is deemed to have committed the waste. A person entrusted with protecting property from deterioration cannot escape responsibility by pointing to someone else’s hands doing the actual damage; neglecting the duty to prevent it carries the same consequence as committing it.
Frequently Asked Questions
What is “waste” in the context of real property?
Damage or deterioration to property that harms the interest of whoever holds it after the current occupant, often at issue when a tenant or life tenant is involved.
Can I be liable for waste I did not personally cause?
Yes, if your duty was to prevent it and you failed to use reasonable care and diligence to do so.
What does “reasonable care and diligence” mean under this section?
The section does not define the phrase further; it sets the standard a person with a duty to prevent waste must meet to avoid being deemed to have committed it.
Who typically has a duty to prevent waste?
Someone with responsibility over the property, such as a person occupying or managing it, whose role includes guarding against damage to it.
Is failing to prevent waste treated the same as committing it?
Yes. Section 25-2129 deems a failure of reasonable care and diligence to be the equivalent of committing the waste.
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: liability for failing to prevent wastenegligent waste nebraska property lawduty to prevent wastereasonable care waste liabilitywaste to real property nebraska