Nebraska § 25-2170.01 Who may compel partition

Nebraska Statutes

§ 25-2170.01 — Who may compel partition

Nebraska § 25-2170.01

Ch. 25Courts; Civil Procedure

This text of Nebraska § 25-2170.01 (Who may compel partition) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 25-2170.01 (2026).

Text

Any joint owner of any real estate or of any interest therein or of any mineral, coal, petroleum, or gas rights, whether held in fee or by lease or otherwise, may compel a partition thereof in the manner provided in sections  25-2170  to  25-21,111 .

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Legislative History

Source: Laws 1951, c. 72, § 1(1), p. 228. Annotations: A tenant cannot seek partition of a landlord's property. Dreesen Enters. v. Dreesen, 308 Neb. 433, 954 N.W.2d 874 (2021). Partition, if well founded, is an absolute right, and a conservator need not obtain a license to so act. Cofer v. Perkins, 199 Neb. 327, 258 N.W.2d 807 (1977). A life tenant who owns no other interest in the property cannot compel partition over objection of remaindermen. Dixon v. Dixon, 189 Neb. 212, 202 N.W.2d 180 (1972). Action to partition mineral interests in lands was authorized by this section. Phillips v. Phillips, 170 Neb. 733, 104 N.W.2d 52 (1960). Lessee for term of years holding an entire interest in lease has no leasehold to partition. Hartman v. Drake, 166 Neb. 87, 87 N.W.2d 895 (1958).