The referee shall give the parties interested at least five days' notice of the time and place when he will receive proof of the amount of such encumbrances.
§ 25-2188.Encumbrances; duty of referee; notice of hearing.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires the referee investigating encumbrances on partitioned land to give everyone with an interest at least five days’ notice of when and where the referee will take proof of how much those encumbrances amount to.
Full Text of § 25-2188
Source
R.S.1867, Code § 821, p. 540; R.S.1913, § 8304; C.S.1922, § 9256; C.S.1929, § 20-2188; R.S.1943, § 25-2188.
Plain-English Summary
Once a court appoints a referee to look into encumbrances under the preceding section, that referee must give interested parties fair warning before gathering proof, rather than doing so behind closed doors. Section 25-2188 requires the referee to give advance notice — at least five days — of the time and place the referee will receive proof of the amount owed on any encumbrance.
That notice period gives owners, encumbrancers, and other interested parties a fair chance to appear, present evidence, and contest figures they dispute before the referee reports findings to the court.
Frequently Asked Questions
How much notice must the referee give before taking proof of an encumbrance’s amount?
At least five days’ notice.
Who is entitled to receive that notice?
The parties interested in the encumbrance proceeding.
What is the notice supposed to tell interested parties?
The time and place where the referee will receive proof of the encumbrance amount.
Why does this notice matter?
It gives interested parties the chance to appear and present their own evidence before the referee reports to the court.
Does this notice requirement apply to every referee in a partition case?
It applies to a referee appointed to look into encumbrances under this article, not to referees handling other tasks.
What proof does the referee receive at this hearing?
Evidence of the amount owed on the encumbrance, which may include the affidavits described in the following section.
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: five days notice encumbrance hearingreferee notice of hearing partitionproof of encumbrance amount noticeinterested parties encumbrance proceedingnebraska partition encumbrance notice