All actions to recover damages for any trespass upon or any injury to real estate shall be brought only in the county where such real estate or some part thereof is situated, but such actions may be brought against corporations owning or operating any line of railroad in the state in any county where service of summons can be had, and all actions for the following causes must be brought in the county in which the subject of the action is situated, except as provided in section 25-402: (1) For the recovery of real property or of an estate or interest therein; (2) for the partition of real property; and (3) for the sale of real property under a mortgage lien or other encumbrance or charge.
§ 25-401.Local actions involving real estate.
Article 4: Venue · Last amended 1911 · Last verified July 22, 2026
In one sentenceSection 25-401 requires lawsuits over trespass or injury to real estate, and actions to recover real property, partition it, or foreclose a mortgage lien on it, to be filed in the county where the property sits, with a narrow exception for railroad corporations.
Full Text of § 25-401
Source
R.S.1867, Code § 51, p. 401; Laws 1889, c. 29, § 1, p. 376; Laws 1911, c. 167, § 1, p. 543; R.S.1913, § 7612; C.S.1922, § 8555; C.S.1929, § 20-401; R.S.1943, § 25-401.
Cross References
For provisions on designation of defendants, see section 25-312.
Plain-English Summary
Section 25-401 sets a hard rule for lawsuits tied to land: a claim for trespass on or injury to real estate belongs in the county where the property sits, not wherever the parties happen to live or do business. Nebraska treats disputes over land as local matters, not something a plaintiff can shop around by county.
The section then lists three more categories that follow the same county-of-the-property rule: an action to recover real property or an interest in it, a partition action dividing jointly owned land, and an action to sell real property under a mortgage or other lien. Each must be filed in the county where the land is located, except as section 25-402 allows when the property spans more than one county.
There is one carve-out for trespass and injury claims. A corporation that owns or operates a railroad line in Nebraska can be sued wherever it can be served with a summons, not only in the county where the damaged land sits. Railroad track crosses many counties, and this exception spares a plaintiff from having to pin down exactly which county segment caused the harm before filing.
Frequently Asked Questions
Do I have to sue in the county where the damaged land is located?
Yes, for a claim of trespass or injury to real estate, section 25-401 requires you to file in the county where the property sits, unless the defendant is a railroad corporation.
What if I am suing a railroad for damage to my property?
You may sue the railroad corporation in any county where it can be served with a summons, not only the county where the land is located.
Does this rule cover lawsuits to recover possession of land?
Yes. An action to recover real property or an interest in it must be brought in the county where the property is located, subject to the multi-county rule in section 25-402.
What about a partition action to split up jointly owned land?
A partition action falls under section 25-401 and must be filed in the county where the real property is situated.
Where do I file a foreclosure-type action to sell land under a mortgage?
An action to sell real property under a mortgage lien or other encumbrance must be brought in the county where the property is located.
What if my property sits in two counties?
Section 25-401 defers to section 25-402 for that situation, which sets separate venue rules for real estate that spans more than one county.
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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