Where lands or tenements are sold by virtue of an execution, the purchaser at
such sale may maintain his action against any person for trespass or waste occurring or existing after his purchase.
§ 25-2134.Waste or trespass; purchaser on execution; rights.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceSomeone who buys land at an execution sale can sue for trespass or waste against that property, but only for damage that occurs or continues after the purchase, not for harm that took place before the sale.
Full Text of § 25-2134
Source
R.S.1867, Code § 640, p. 506; R.S.1913, § 8251; C.S.1922, § 9204; C.S.1929, § 20-2136; R.S.1943, § 25-2134.
Plain-English Summary
An execution sale is a court-ordered sale of property to satisfy a judgment, and the buyer at that sale steps into ownership going forward. Section 25-2134 gives that purchaser standing to sue for trespass or waste, but ties the claim to the period after the purchase.
The purchaser can maintain an action against anyone for trespass or waste occurring or existing after the purchase. Harm that predates the sale belongs to whoever owned or held an interest in the property at that earlier time, not to the new purchaser, since the purchaser had no stake in the land until the sale closed.
Frequently Asked Questions
Who counts as a “purchaser on execution” under this section?
Someone who buys land or tenements sold by virtue of an execution.
Can a buyer at an execution sale sue for damage that happened before the sale?
No. The section limits the purchaser’s claim to trespass or waste occurring or existing after the purchase.
What claims can the purchaser bring?
An action for trespass or waste against any person responsible, limited to post-purchase harm.
Does this section cover both trespass and waste?
Yes, both are covered.
When does the purchaser’s right to sue under this section begin?
At the point of purchase; the claim reaches trespass or waste occurring or existing from that time forward.
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
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