It shall be lawful for any person, association or corporation, owning or claiming any interest in or lien upon any real estate lying within this state, to make and file in the office of the register of deeds of the county in which such real estate is situated an appointment, in writing, of some person, who shall be a resident of the county in which said lands lie, upon whom process may be served in any suit, action or proceeding, concerning or affecting such real estate, to which such owner or claimant shall be made a party. Such appointment shall be acknowledged in the manner provided by law for the acknowledgment of deeds, and shall specifically describe the lands affected by such appointment. From and after the filing of such appointment as herein provided, service of any writ, summons, order or notice, in any suit, action or proceeding, concerning or affecting such real estate, shall be made upon the person so appointed and designated in such manner as may be provided by law for the service of process upon persons found in this state, and shall be held and taken to be a valid and effectual service upon such owner or claimant. A copy of such appointment, or of the record thereof, duly certified by the said register of deeds, shall be deemed sufficient evidence thereof. No service made by publication shall be valid in respect to any such owner or claimant, who shall have filed an appointment under the provisions of this article; Provided, such appointment may be at any time revoked by such owner or claimant, but such revocation shall be in writing duly acknowledged, and shall specifically describe the lands affected by such appointment, and filed and recorded in the office of the register of deeds of the county in which any such real property is situated.
§ 25-528.Personal service upon appointed resident agent; appointment invalidates constructive service, when.
Article 5: Commencement of Actions and Service of Process · Last amended 1927 · Last verified July 22, 2026
In one sentenceSection 25-528 lets an owner or claimant of Nebraska real estate file a written, acknowledged appointment of a resident agent for service of process in any suit concerning that property, after which service must go to the agent instead of by newspaper publication.
Full Text of § 25-528
Source
Laws 1877, § 1, p. 17; R.S.1913, § 7649; C.S.1922, § 8593; Laws 1927, c. 65, § 1, p. 227; C.S.1929, § 20-528; R.S.1943, § 25-528.
Plain-English Summary
Owning land in Nebraska while living elsewhere creates a practical problem: how does a court reach you if a dispute arises over that property? Section 25-528 offers a solution the owner controls. Anyone owning or claiming an interest or a lien in Nebraska real estate can file, with the register of deeds in the county where the land sits, a written appointment of a person residing in that county to accept service of process in any suit concerning the property. The appointment has to be acknowledged the way a deed is acknowledged, and it must specifically describe the land it covers.
Once that appointment is filed, service on the appointed agent, made the way process is served on people found in Nebraska, counts as valid and effective service on the owner or claimant. That has a real payoff: the statute specifically bars service by publication against anyone who has filed such an appointment. The owner trades the uncertainty of a published notice for a known, reliable point of contact.
The appointment is not permanent. The owner or claimant can revoke it at any time, but the revocation itself must be a written, acknowledged document that describes the affected land, filed and recorded with the same register of deeds.
Frequently Asked Questions
Why would a property owner want to file an agent appointment under Section 25-528?
It guarantees that any suit over the property reaches the owner through personal service on a known local agent, instead of the owner risking a case proceeding on notice by publication.
Where does this appointment get filed?
With the register of deeds in the county where the real estate is located.
What has to be included in the appointment document?
It must be in writing, acknowledged the way a deed is acknowledged, and specifically describe the land the appointment covers.
Can I still be served by publication after I file this appointment?
No. The statute states that no service by publication is valid against an owner or claimant who has filed an appointment under this section.
Can I cancel the appointment later?
Yes. Revocation is allowed at any time, but it must be a written, acknowledged document describing the affected land, filed and recorded with the register of deeds.
Does this appointment apply to every lawsuit I might face in Nebraska?
No. It applies specifically to suits, actions, or proceedings concerning or affecting the real estate described in the appointment.
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: resident agent for service real estate nebraskaavoid service by publication property ownerappoint agent for lawsuit notice landnonresident landowner service of process25-528 statute