If for the purpose stated in section 25-2135 the occupant employs timber vastly
superior to that required for the occasion, he will be deemed to have committed waste, and will be liable accordingly.
§ 25-2136.Waste; occupant; right to use timber for repairs; limit.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThe repair-timber allowance in section 25-2135 has a limit: an occupant who cuts far more timber than a repair requires has gone beyond ordinary use and will be treated as having committed waste, with liability to match.
Full Text of § 25-2136
Source
R.S.1867, Code § 642, p. 507; R.S.1913, § 8253; C.S.1922, § 9206; C.S.1929, § 20-2138; R.S.1943, § 25-2136.
Plain-English Summary
Section 25-2135 protects an occupant’s use of timber for suitable repairs, but section 25-2136 caps that protection. If the occupant uses timber vastly superior to what the repair required, the occupant is deemed to have committed waste and is liable for it.
The limit keeps the repair exception from becoming a loophole. Without it, an occupant could strip valuable timber from the property under the pretext of a minor repair. By tying liability to the gap between what was needed and what was taken, the section preserves the purchaser’s stake in the property while still allowing modest, needed repair work to go forward.
Frequently Asked Questions
Is there a limit to how much timber an occupant can use for repairs?
Yes. Using timber vastly superior to what the repair required goes beyond the protection in section 25-2135.
What happens if an occupant uses more timber than the repair needs?
The occupant is deemed to have committed waste and is liable for it.
Does using excess timber count as waste even if the occupant intended only repairs?
Yes, the section ties liability to the amount of timber used relative to what was required, not to the occupant’s stated intent.
How does this section work together with section 25-2135?
Section 25-2135 permits timber use for suitable repairs; section 25-2136 limits that permission to what the repair required.
Who decides how much timber is more than needed for a repair?
The section states the standard — timber vastly superior to what the occasion required — without spelling out a separate procedure for that determination.
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: limit on timber use for repairs nebraskaexcess timber cutting wasteoccupant liability overusing timberrepair exception limit nebraskavastly superior timber waste