Squatter’s Rights in Nebraska

Squatters can be a nuisance, and they may not have your best interests at heart. They could be trying to take over your property in order to sell it or use it for themselves. You may even find yourself dealing with a squatter who has been living on your land for years and believes that they have rights to the property that run deeper than yours—even though they do not.

What are squatters in NE?

If you’re a property owner in Nebraska, it’s possible that someone could be living on your land without your permission. This person is known as a squatter, and there are different types of squatters that can occur in Nebraska. A tenant who is not paying rent could be considered a squatter; however, so could an owner who has abandoned the property and left it uninhabited for an extended period of time (think: years). Even guests who stay at your house for an extended period of time might be considered squatters if they aren’t paying rent or contributing to household expenses. In addition, homeless people sometimes occupy vacant properties because they have nowhere else to go—they may even attempt to set up camp on land owned by someone else if there’s no other shelter available nearby.

How can a squatter gain title to real property?

A squatter can gain title to real property if they occupy the property for a period of time. The length of time needed to gain title varies by state, but it’s usually less than 10 years.

Common Law Adverse Possession

The second type of adverse possession is called common law adverse possession. This form of adverse possession can apply to real estate, personal property, or both. The requirements for establishing common law adverse possession are slightly different from those described above, but they still rely on the same basic principle: that someone has been in actual physical control of the property for a period of time long enough to establish ownership.

Common law requirements include:

  • Continuous use or occupancy by an individual who does not have legal rights in the property (e.g., title or lease).
  • Exclusive use and occupation by one person or family; this means exclusive right to occupy and exclude others from using the property without permission; exclusive right not shared with any other person(s) who might claim interest in it (e.g., co-tenants).
  • Actual use/occupancy–meaning that if you’re only renting out your home every once in awhile but never actually living there yourself then you’re probably not going to be able to convince a judge that you have “actual” control over it–or else your landlord would probably be able to kick everyone out pretty easily!

Statutory Adverse Possession

Statutory adverse possession is a legal process that a squatter must follow to gain title to your property. Before you can have someone removed from your home or land, the squatter must have lived on it continuously for at least 10 years. If this happens, the person who’s been living on your property without permission may be able to take ownership of it if they follow certain steps.

The first step in this process is for the squatter to put up signs that say they’re claiming title as owner (instead of just as occupant). In some states, once this happens, you should get in touch with an attorney right away so they can help protect your rights and ensure that nothing gets taken away from you without being given proper compensation. It’s important not only because people are trying their best but also because there are many other situations where squatters could potentially get something wrong based on what they think their rights are versus what actually applies under Nebraska law (which may vary depending upon where exactly they live).

How can you stop the adverse possession process?

If you want to stop the adverse possession process, there are several things you can do. You can keep the property maintained, locked and clearly marked as “private property.” This may prevent a squatter from using the property if they know it’s not abandoned. If your land is in Nebraska City, Papillion or Omaha then we recommend that you file a lawsuit against them within three years of noticing their presence on your land. You can also file for title to try and get ownership of the property back yourself.

If none of these strategies work for you then another option is getting a court order from a judge which will tell them not to trespass onto your private property anymore (this option only works if they’re still trespassing after 30 days).

Can a squatter actually get title to your property?

If you don’t take action, you could lose your property. This is especially true if the squatter has been on your land for a significant amount of time. When it comes to squatters, there are several options for ending their residency:

  • You can ask them to leave (and if they refuse, hire a lawyer). While this may seem like an obvious choice, it can be difficult to convince someone who isn’t paying rent or taxes that they need to go—especially if they have established themselves as “homeowners” in your absence and feel entitled to remain there indefinitely. Even after you send them notice that they must vacate immediately or face eviction proceedings, some squatters will refuse; many Nebraska counties allow homeowners up until 15 days from receipt of the letter before starting eviction proceedings against them. If this happens, seek legal advice about how best handle these situations; some attorneys may recommend mediation between yourself and the squatter(s) before going through any formal court process so everyone involved understands what rights each party has under Nebraska law regarding title transfer via adverse possession claims (see below).
  • Give title back by filing papers declaring yourself owner once again with county officials—this could take months or years depending upon how long ago ownership was lost duelling between different parties trying stake claim over particular piece of property at issue.”

To keep squatters off your Nebraska property, keep it locked and maintained.

If you are not sure whether a piece of property is rightfully yours, check the county clerk’s records to see if it has ever been sold or transferred. If there is no record of ownership, you may be able to claim squatters’ rights when you show up and begin using the land.


If you have squatters on your property, it’s important to know that they may be able to claim title. However, there are many ways in which you can keep them off your land, including keeping it locked and maintained.

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