No levy of attachment or execution on real estate issued from any other county shall be notice to a subsequent vendee or encumbrancer in good faith, unless the sheriff has filed a notice on the record that the land, describing it, has been so attached or levied on, the cause in which it was so attached, and when it was done.
§ 25-533.Attachment and execution issued from another county; sheriff file notice.
Article 5: Commencement of Actions and Service of Process · Last amended 2018 · Last verified July 22, 2026
In one sentenceSection 25-533 says a levy of attachment or execution on real estate under process from another county does not give notice to a good-faith later buyer or lienholder unless the sheriff files a record describing the land, the case, and the date of the levy.
Full Text of § 25-533
Source
Laws 1895, c. 73, § 2, p. 314; R.S.1913, § 7653; C.S.1922, § 8597; C.S.1929, § 20-533; R.S.1943, § 25-533; Laws 2018, LB193, § 8.
Plain-English Summary
When a sheriff levies an attachment or execution on real estate, that levy usually needs to appear in the county’s own records before it can bind someone who later buys or takes a lien on the property in good faith. Section 25-533 addresses the situation where the attachment or execution came from a court in a different county. A levy under that type of out-of-county process is not notice to a later good-faith purchaser or encumbrancer unless the sheriff has filed a notice on the record describing the land, naming the case in which it was attached or levied on, and stating when the levy happened.
The requirement protects people who check the local land records before buying property or extending credit against it. Without the sheriff’s filed notice, they would have no practical way to discover that a court in another county had already reached the property through attachment or execution.
Frequently Asked Questions
Why does it matter whether the attachment or execution came from the same county or a different one?
A levy from another county does not automatically appear in the local land records, so Section 25-533 requires the sheriff to file a notice locally before that out-of-county levy can bind a good-faith later buyer or lienholder.
What does the sheriff have to include in the notice?
A description of the land, the case in which the attachment or execution was made, and the date the levy occurred.
What happens if the sheriff never files that notice?
The levy is not notice to a subsequent purchaser or encumbrancer who acts in good faith, meaning that person’s later interest in the property is not automatically subject to the earlier attachment or execution.
Does this section apply to attachments and executions issued from the same county where the property sits?
The requirement addresses attachment or execution issued from another county; local process typically appears in that county’s own records without this additional filing step.
How does this section relate to lis pendens under Section 25-531?
Both sections protect later purchasers by requiring a filed, discoverable record before they can be bound by a pending legal claim on real estate — lis pendens for a pending lawsuit, this section for a levy under out-of-county process.
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: attachment execution another county nebraskasheriff notice of levy real estategood faith purchaser attachment notice25-533 statute