Easement in Nebraska
State-specific overview · Property & Real Estate
Nebraska requires easements to be in writing and recorded to bind future property owners.
How Nebraska treats Easement
Easements in Nebraska must be created by written instrument and recorded in the county records to be enforceable against subsequent owners. Oral easements may exist between the original parties but do not run with the land. Nebraska recognizes easements by necessity, prescription (after ten years of open use), and express grant. The state follows the common law principle that easements are property interests requiring the same formality as deed transfers.
The general definition of Easement
The right to use someone else's land for a specific purpose, like crossing it or running utilities.
An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.
Read the full Easement entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Nebraska.