§ 25-402.Local actions involving real estate located in more than one county.
Article 4: Venue · Not amended since original codification · Last verified July 22, 2026
In one sentenceSection 25-402 tells a plaintiff which county to sue in when the real estate at the center of the case spans two or more counties, with different rules for a single tract split by a county line and for separate tracts scattered across different counties.
Full Text of § 25-402
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If the real property, the subject of the action, be an entire tract, and situated in two or more counties, or if it consists of separate tracts situated in two or more counties, the action may be brought in any county in which any tract or part thereof is situated, unless it be an action to recover the possession thereof. And if the property be an entire tract, situated in two or more counties, an action to recover the possession thereof may be brought in either of such counties; but if it consists
of separate tracts in different counties, the possession of such tracts must be recovered by separate actions brought in the counties where they are situated.
For provisions on designation of defendants, see section 25-312.
Plain-English Summary
Section 25-401 sends land disputes to the county where the property sits, but that instruction breaks down when a single farm or parcel straddles a county line, or a plaintiff sues over several tracts scattered across different counties. Section 25-402 fills that gap.
For most claims involving property that crosses county lines — whether it is one entire tract split between counties or several separate tracts in different counties — the plaintiff may file in any county where any part of the property, or any one tract, is located. That flexibility does not extend to an action to recover possession of the property, which is treated more strictly.
For a possession claim over one entire tract that happens to sit in two or more counties, the plaintiff can still choose either county. But if the case involves separate tracts located in different counties, there is no single lawsuit to file: the plaintiff must bring a separate action in each county where a tract is located to recover possession of that tract.
Frequently Asked Questions
My property sits partly in one county and partly in another. Where do I file?
For most claims about that property, you may file in any county where any part of the property is located, though a claim to recover possession follows a different rule.
I own several separate tracts in different counties and want to sue over all of them. Can I file one lawsuit?
You can file one action in any county where any of the tracts is located, unless the case is to recover possession of the tracts, which requires a separate action in each county.
Why does an action to recover possession get treated differently?
Section 25-402 singles out possession claims for stricter treatment, most likely because a judgment awarding possession has to be enforceable against the specific tract in the county where the sheriff or other officer will carry it out.
If my single tract of land is split by a county line and I want to recover possession, where do I sue?
You may bring the possession action in either of the counties in which the entire tract is situated.
Do I have to sue separately in each county if I own several distinct parcels in different counties and want possession of all of them?
Yes. Section 25-402 requires the possession of separate tracts in different counties to be recovered through separate actions filed in the counties where each tract is situated.
Does this section apply to claims other than recovering real property?
Section 25-402 works alongside section 25-401, which also covers partition actions and mortgage foreclosure sales; the multi-county filing choice described here applies to those property-based claims as well, apart from the stricter possession rule.
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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