An heir, whether a minor or of full age, may maintain an action for trespass or waste for injuries done in the time of his ancestors as well as in his own time, unless barred by the statute of limitations.
§ 25-2133.Waste or trespass; heir; rights.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceAn heir, whether a minor or an adult, can sue for trespass or waste that happened during an ancestor’s lifetime as well as during the heir’s own time, as long as the statute of limitations has not already run on the claim.
Full Text of § 25-2133
Source
R.S.1867, Code § 639, p. 506; R.S.1913, § 8250; C.S.1922, § 9203; C.S.1929, § 20-2135; R.S.1943, § 25-2133.
Plain-English Summary
An heir inherits more than the property itself; section 25-2133 confirms the heir also inherits the right to pursue claims for damage already done to it. That right covers injuries from trespass or waste that occurred during the ancestor’s ownership, not only injuries occurring after the heir takes over.
The section places no special barrier on minors — an heir who has not yet reached majority may bring the same claim as an adult heir. The one limit that does apply is the ordinary statute of limitations: if it has already run on the underlying claim, inheriting the property does not revive it.
Frequently Asked Questions
Can an heir sue for damage to property that happened before they inherited it?
Yes. Section 25-2133 allows an heir to maintain an action for trespass or waste for injuries done in the time of the ancestor as well as in the heir’s own time.
Does it matter if the heir is a minor?
No. The section applies to an heir whether a minor or of full age.
Is there a time limit on an heir’s trespass or waste claim?
Yes, the ordinary statute of limitations still applies to the claim.
What happens if the statute of limitations has already run?
The section states the action applies unless it is barred by the statute of limitations, so a claim already time-barred does not revive.
Does this section cover both trespass and waste claims?
Yes, it covers actions for either.
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: heir sue for waste nebraskainherited property damage claimminor heir trespass lawsuitstatute of limitations heir wasteancestor property damage claim