If deemed advisable, the court may appoint a referee to inquire into the nature
and amount of encumbrances, and report accordingly. From that report an appeal lies to the court.
§ 25-2187.Encumbrances; referee; appointment; report; appeal.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a Nebraska court appoint a separate referee to investigate what encumbrances, such as mortgages or liens, burden land being partitioned and how much is owed on them, and allows an appeal from the referee’s report back to the court.
Full Text of § 25-2187
Source
R.S.1867, Code § 820, p. 539; R.S.1913, § 8303; C.S.1922, § 9255; C.S.1929, § 20-2187; R.S.1943, § 25-2187.
Plain-English Summary
Land headed for partition or sale often carries baggage — a mortgage, a lien, or some other encumbrance that has to be sorted out before proceeds get distributed. Section 25-2187 gives the court a tool for untangling that baggage: if it seems advisable, the court can appoint a referee whose job is to investigate the nature and amount of any encumbrances on the property.
That referee reports the findings back to the court, and the statute preserves a check on the referee’s work — an appeal lies from the report to the court itself. This keeps the fact-finding about encumbrances from becoming the referee’s last word; the court retains the final say over the encumbrance’s nature and amount.
Frequently Asked Questions
Why would a court appoint a separate referee for encumbrances?
To investigate the nature and amount of any mortgages, liens, or other encumbrances on land involved in a partition action, whenever the court finds it advisable.
Is appointing this referee mandatory?
No. The statute says the court may appoint one if deemed advisable, leaving the decision to the court.
What does the encumbrance referee do with the findings?
Reports them to the court.
Can a party challenge the referee’s findings on an encumbrance?
Yes. An appeal lies from the referee’s report to the court.
Is this the same referee who handles the land division or sale?
The statute does not require it to be the same referee; it authorizes appointment of a referee for the encumbrance inquiry specifically.
What happens once the court receives the encumbrance report?
The court can act on it, and later sections in this article address how encumbrances get resolved, including notice, evidence, and payment.
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: encumbrance referee partition nebraskamortgage lien investigation partitionappeal from referee encumbrance reportreferee inquiry into encumbrancesnature and amount of encumbrances