Section 25-2134 is not intended to prevent the person who occupies the lands
in the meantime from using them in the ordinary course of husbandry, or from using timber for the purpose of making suitable repairs thereon.
§ 25-2135.Waste or trespass; occupant; right to use lands or timber for repairs.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceEven after land sells at an execution sale, whoever occupies it in the meantime can keep farming it in the ordinary way and can use timber from the property for suitable repairs, without that use counting as waste under section 25-2134.
Full Text of § 25-2135
Source
R.S.1867, Code § 641, p. 507; R.S.1913, § 8252; C.S.1922, § 9205; C.S.1929, § 20-2137; R.S.1943, § 25-2135.
Plain-English Summary
Section 25-2134 gives an execution-sale purchaser a claim for trespass or waste happening after the sale, but section 25-2135 makes clear that claim is not meant to punish ordinary, reasonable use of the land by whoever occupies it in the meantime.
An occupant may keep using the land in the ordinary course of husbandry — the routine work of farming it — and may use timber from the property for the purpose of making suitable repairs, without either activity being treated as waste against the new purchaser. The section protects continuity of reasonable use during the transition rather than freezing the occupant out of normal activity the moment a sale occurs.
Frequently Asked Questions
Can someone still farm the land normally after it is sold at an execution sale?
Yes. Section 25-2135 allows the occupant to continue using the land in the ordinary course of husbandry.
Is using timber for repairs on the property considered waste?
No, not when the timber is used for the purpose of making suitable repairs on the property.
What counts as the “ordinary course of husbandry”?
The section refers to the routine, customary farming use of the land, as distinguished from harmful or excessive use.
Does this protection apply to any use of timber, or just repairs?
Just repairs — the section protects timber use for making suitable repairs, not unrelated timber cutting.
How does this section relate to the purchaser’s rights under section 25-2134?
It qualifies that section, clarifying that ordinary farming and repair-related timber use are not the trespass or waste the purchaser can sue over.
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: ordinary husbandry exception nebraskausing timber for repairs not wasteoccupant rights after execution salefarming exception execution sale propertyreasonable timber use repairs