The owner of an estate in remainder or reversion, may maintain an action for trespass or waste for injuries done to the inheritance, notwithstanding any intervening estate for life or years.
§ 25-2132.Waste or trespass; remainderman; reversioner; rights.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceAn owner who holds a future interest in land — a remainder or a reversion — can sue for trespass or waste that damages the property even while a life estate or a term of years stands between that owner and present possession.
Full Text of § 25-2132
Source
R.S.1867, Code § 638, p. 506; R.S.1913, § 8249; C.S.1922, § 9202; C.S.1929, § 20-2134; R.S.1943, § 25-2132.
Plain-English Summary
A remainderman or reversioner owns an interest in land that will become possessory only later, once an intervening life estate or term of years ends. Section 25-2132 makes clear that owning a future rather than a present interest does not leave that owner without recourse in the meantime.
The owner of the remainder or reversion may maintain an action for trespass or waste for injuries done to the inheritance, notwithstanding any intervening estate. Without this protection, a remainderman might have to wait for the life estate to end before doing anything about damage happening now, by which point evidence of the harm could be long gone and the property’s long-term value already diminished.
Frequently Asked Questions
What is a remainderman or a reversioner?
An owner holding a future interest in land — one that becomes possessory after an intervening life estate or term of years ends.
Can someone with only a future interest in land sue before taking possession?
Yes. Section 25-2132 lets the owner of a remainder or reversion sue for trespass or waste even before the intervening estate ends.
Does an intervening life estate block a remainderman from suing for waste?
No. The section states the action may be maintained notwithstanding any intervening estate for life or years.
Why would owners of future interests need this protection?
Because damage to the property can occur, and evidence of it can disappear, long before the future interest becomes possessory.
Does this section apply to trespass as well as waste?
Yes, it covers actions for either trespass or waste to the inheritance.
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: remainderman rights nebraskareversioner sue for wastefuture interest property damagelife estate waste protectiontrespass to inheritance nebraska