If it appears to the referee or referees that partition cannot be made without great prejudice to the owners, they shall so report to the court.
§ 25-2181.Report of referees.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires the referee or referees in a partition case to report to the court if it appears that dividing the property among the owners cannot be done without causing them great prejudice.
Full Text of § 25-2181
Source
R.S.1867, Code § 814, p. 539; R.S.1913, § 8296; C.S.1922, § 9249; C.S.1929, § 20-2181; R.S.1943, § 25-2181.
Plain-English Summary
Not every jointly owned property splits neatly among its owners. Some properties lose value or usefulness when carved into physical shares, hurting every owner rather than serving any of them. Section 25-2181 requires the referees appointed under section 25-2180 to recognize that possibility and report it.
If it appears to the referee or referees that partition cannot be made without great prejudice to the owners, they must report that finding to the court rather than force through a division anyway. That report gives the court the information it needs to consider an alternative, such as ordering the property sold and the proceeds divided instead of physically partitioning it.
Frequently Asked Questions
What must the referees do if the property cannot be divided without harming the owners?
Report that finding to the court.
What standard triggers this reporting duty?
That partition cannot be made without great prejudice to the owners.
Do the referees have discretion to force a division anyway if they think it unwise?
No. Section 25-2181 directs them to report to the court instead.
What happens after the referees report that partition would cause great prejudice?
The court then has grounds to consider an alternative disposition of the property.
Who decides whether great prejudice would result, the referees or the court?
The referees make the initial finding and report it; the court acts on that report.
Does this section apply before or after the referees attempt a physical division?
It addresses what the referees do once they recognize that partition would prejudice the owners, rather than after completing a harmful division.
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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