Squatters Rights in Nebraska & Adverse Possession Laws 2024

Though the concept of squatters rights might seem outdated today, unauthorized residents pose a very real threat to property values. Essentially, Nebraska squatters rights enable people to live on a property without paying rent to the owner. Even worse, squatters can try to lay legal claim to the property through a legal framework known as adverse possession.

Naturally, squatters rights present significant issues for landlords and property owners. However, those dealing with squatters have options available to resolve the problem.

In this article, we’ll review the details of Nebraska landlord-tenant laws and how they pertain to squatters rights and adverse possession. Read on to learn what you should know about handling squatters in Nebraska.

Trespassers vs. Squatters

Both trespassers and squatters have an unauthorized presence on a property they do not own, but there are key differences in their respective legal standings. A squatter resides full-time on a property and is entitled to squatters rights, while trespassers may move on and off a property for short periods or only use it as a storage space.

Trespassers do not receive Nebraska squatters rights, and law enforcement can remove them immediately after property owners discover their presence. Squatters, however, do have certain rights.

Key among them is the stipulation that property owners can only remove squatters from the property via a formal eviction process. As trespassers are much easier to remove, landlords should always seek to deal with trespassers as soon as possible before they can establish a more permanent residence.

Legality of Squatting in Nebraska

Squatting is technically illegal in Nebraska. That said, landlords cannot immediately accuse squatters of a crime and have them removed. A squatter may be removed and then charged with crimes such as trespassing or breaking and entering only after a formal eviction process.

Depending on the exact circumstances, trespassing may count as a Class 1 or Class 3 misdemeanor in Nebraska (Nebraska Revised Statute 28-520, 28-521). If convicted, squatters could face jail time and fines up to $1,000 (Nebraska Revised Statute 28-106).

Squatters Rights and Adverse Possession Laws in Nebraska

As in other states, Nebraska squatters have the right to claim adverse possession. Adverse possession is the process by which a squatter can take legal ownership of a property despite making no payments to the original owner.

While adverse possession exists in some shape or form across much of the U.S., laws vary significantly by state. Landlords in Nebraska must thoroughly understand local laws on the subject to prevent unauthorized residents from claiming their property.

How Nebraska Squatters Can Legally Claim Property Through Adverse Possession

Of course, no landlord wants to lose property to a squatter via adverse possession. They’d lose the rights to their property and receive zero compensation.

While this concept will understandably alarm many property owners, most squatters will struggle to fulfill the conditions needed for adverse possession claims. This is particularly true if landlords regularly maintain and closely monitor their properties.

To claim adverse possession in Nebraska, a squatter’s residence must fulfill these prerequisites:

• Hostile: The squatter cannot reside on the property with permission from the landlord.
• Open and notorious: The squatter must make their residence obvious so that the original owner or passersby can easily notice.
• Actual: The squatter must physically reside on the property full-time and use the property as an owner would, including making improvements.
• Continuous: The squatter cannot have substantial absences from the property during their residence.
• Exclusive: The squatter must be the only one living on the property, at the exclusion of other residents and the original owner.

But that’s not all. In addition to the above requirements, squatters must live on the property for one of the following time periods:

• 10 years (Nebraska Revised Statute 25-202)
• 20 years if the original property owner is imprisoned or has a disability (Nebraska Revised Statute 25-213)

These time requirements are mutually exclusive, meaning squatters only need to fulfill one of these parameters — in addition to all five conditions above — to qualify for a claim of adverse possession. Furthermore, as the burden of proof falls on the squatter, they must possess evidence that their residence fulfilled all of the necessary requirements for adverse possession.

With this in mind, you can easily understand why so few adverse possession claims succeed in court. Judges will likely dismiss adverse possession cases that do not fulfill the above conditions — or that lack evidence to prove this is the case.

Landlord Rights & Responsibilities

Though the term “squatters rights” does carry some weight, landlords also have certain rights in squatter situations. These rights include the legal justification to evict squatters and contest adverse possession claims.

They also have the right to offer a cash-for-keys agreement to encourage the squatter to move out sooner than a formal eviction process.

That said, property owners also have specific responsibilities when dealing with squatters. Essentially, landlords must prevent squatters from taking up residence by frequently visiting and maintaining their properties. Additionally, landlords cannot attempt self-help eviction methods, such as utility shutoffs or lockouts, to coerce a squatter to leave — they’re illegal.

Squatters Rights & Responsibilities

Nebraska squatters rights allow squatters to claim property ownership via adverse possession if their residency meets the required conditions. Squatters are also entitled to a formal eviction process and have the right to improve the property.

Regarding responsibilities, squatters must abide by all legal decisions — even dismissal of adverse possession claims or evictions. If the squatter continues to return to the property, they may be subject to further legal or financial penalties.

How to Evict Squatters in Nebraska

To remove squatters in Nebraska, landlords must undergo a formal eviction process and take the following steps:

• Serve a 5- to 30-day notice to quit, depending on the circumstances leading to the eviction (Nebraska Revised Statute 76-1431)
• File a complaint for restitution with the district or county court (Nebraska Revised Statute 76-1441)
• The court issues a summons to the squatter (Nebraska Revised Statute 76-1442)
• The landlord and squatter attend a hearing to present evidence and receive judgment (Nebraska Revised Statute 76-1446)
• If the court rules in the original owner’s favor, the court will issue a writ of restitution, and the squatter must move out within 10 days (Nebraska Revised Statute 76-1446)
• Should the squatter remain after 10 days, the landlord may pay $18 to have the sheriff execute the writ of restitution and forcibly remove the squatter (Nebraska Revised Statute 33-117)

As mentioned, self-help evictions are illegal in Nebraska. Aside from a cash-for-keys agreement, which may prove costly and time-consuming for the landlord, property owners must initiate eviction proceedings to remove a squatter from their property legally.

Landlords may face civil suits from squatters if they attempt illegal eviction methods.

Legal Help for Landlords in Nebraska

Landlords in Nebraska also have legal resources at their disposal to help evict squatters and defeat claims of adverse possession. If you’re struggling with the thorny issue of Nebraska squatters rights, visit the following websites to learn more about your options:

• Legal Aid of Nebraska: Provides free civil legal services across the state
• Volunteer Lawyers Project: Offers pro-bono civil legal assistance to low-income Nebraskans
• Nebraska Online Legal Self-Help Center: Collection of information for Nebraskans who want to represent themselves in court
• EZ Evict can handle the eviction process for you

Preventing Future Squatter Situations

Though legal resources can certainly help landlords who are already dealing with squatters, the best recourse is simply to prevent squatter situations from occurring.

Property owners should take the following steps to keep squatters off their land and retain rightful ownership of their property:

• Install security measures, such as motion-sensing lights, fences, and door locks, to discourage easy entry
• Post “No Trespassing” signs to alert squatters that they’re on your property
• Frequently visit the property and look for signs of squatters
• Employ a property manager to check on the property if you are unable to do so
• Actively use the property as much as possible, including maintenance

How Property Management Software Can Help

In addition to the above steps, TurboTenant’s free property management software can help landlords avoid the quandaries caused by Nebraska squatters rights. Our most popular features include:

• Rental advertising to quickly fill vacant units
• Rental application templates streamline the application process
• State-specific lease agreements you can customize to your property and sign digitally
• Thorough tenant screenings to ensure you’re renting to trustworthy applicants

Sign up for a free TurboTenant account to learn more about our offerings and find out how you can best handle squatters as a Nebraska landlord.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

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