When, in an action for the recovery of real or personal property, any person having an interest in the property applies to be made a party, the court may order it to be done.
§ 25-324.Actions for recovery of real or personal property; interest in property; intervention.
Article 3: Parties · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets someone who has an interest in real or personal property that is the subject of a recovery action apply to the court to be made a party, and it allows the court to grant that application.
Full Text of § 25-324
Source
R.S.1867, Code § 47, p. 400; R.S.1913, § 7605; C.S.1922, § 8548; C.S.1929, § 20-324; R.S.1943, § 25-324.
Plain-English Summary
Section 25-324 gives a narrow but useful right to a person watching a lawsuit unfold over property they have a stake in. When an action seeks the recovery of real or personal property, anyone with an interest in that property can apply to the court to be made a party to the case. The court then has discretion to order that application granted.
This addresses a specific gap: a person with a genuine interest in the property at stake — a lienholder, a co-owner, or someone else with a legal claim to it — is not automatically a party just because the lawsuit affects property they care about. Without a way in, that person could be left on the outside of a case that determines the property’s ownership or possession, bound in practical terms by an outcome they never had a chance to contest. Section 25-324 gives them a route to formally join instead of watching from the sidelines.
This is a specific, property-focused counterpart to the broader intervention right in section 25-328, which covers anyone with an interest in the matter in litigation across a wider range of civil actions. Where section 25-324 is limited to actions for the recovery of real or personal property, section 25-328 reaches further, letting a person intervene to join a side or assert an adverse claim in litigation generally.
Frequently Asked Questions
Who can use section 25-324 to join a lawsuit?
Anyone who has an interest in real or personal property that is the subject of an action seeking recovery of that property.
Is the court required to let that person join the case?
No. The statute states that the court may order the application granted, which leaves the decision to the court’s discretion rather than making joinder automatic.
What kind of lawsuit does section 25-324 apply to?
It applies specifically to actions for the recovery of real or personal property, not to civil actions generally.
How is this different from the general intervention right in section 25-328?
Section 25-324 is limited to property-recovery actions and to people with an interest in the property itself, while section 25-328 applies more broadly to anyone with an interest in the litigation or its outcome, across a wider range of civil actions.
What happens if a court denies an application to be made a party under section 25-324?
The statute’s discretionary language means the court can decline the application; the person would need another basis, such as intervention under section 25-328, to seek to join the case.
Why would someone want to join a property-recovery lawsuit they were not originally named in?
An outcome determining ownership or possession of property can affect anyone with a genuine interest in it, so joining lets that person protect their claim directly rather than being affected by a judgment they had no part in.
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: joining a property recovery lawsuitinterest in property intervention nebraskabecome a party to replevin actionthird party claim to disputed propertyapplying to join a lawsuit over property